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2021 Supreme(Ori) 153

SAVITRI RATHO
Khirod Kumar Sahu – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. A.K.Nath, Advocate, for the Appellant;Mr. Sibani Shankar Pradhan, ; Addl. Govt. Advocate, Mr.A.K.Jena, Advocate, for the Respondent.

JUDGMENT

Savitri Ratho, J. - The petitioner has been convicted for commission of offence punishable under Section 138 of the Negotiable Instruments Act ( in short 'N.I. Act ') by judgment dated 28.2.2014 passed in C.T. No.1229/2010/Trial No.419 of 2012 (I.C.C. Case No.176 of 2010) by the learned J.M.F.C., Angul and sentenced to undergo simple imprisonment for one year and to pay a compensation of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) to the complainant. This been confirmed by judgment and order dated 18.03.2021 by the learned Sessions Judge, Angul in Criminal Appeal No.6/2014.

2. Perusal of the order dated 24.8.2021 passed in C.T. No.1229/2010 by the learned J.M.F.C.(I/C), Angul which has been annexed to this Criminal Revision as Annexure-3 reveals that the written acknowledgement had been filed by the complainant who was present in Court stating that he has received the full and final compensation amount from the petitioner. The prayer of the petitioner to set aside the order of conviction however was rejected as the sentence of simple imprisonment of one year had been confirmed by the learned Sessions Judge, Angul.

3. Mr. A.K.Nath, learned counsel for the petitioner s

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