Patna High CourtCR. REV./1186/2016disposed

Deepak Kumar Chandrabanshi @ Deepak Chandra Bihari v. State Of Bihar And ANR

2017-04-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1186 of 2016 ======================================================

1. Deepak Kumar Chandrabanshi @ Deepak Chandra Bihari Son of Ram Chandra Prasad, resident of Mohalla- Ramna Road, P.S. Pirbahore , District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sunil Kumar Gupta @ Sunil Kumar, son of Late Birju Sao, resident of Mohalla- Bakarganj Daldali Road, P.S. Kadamkuan, District Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Respondent/s : Mr. Sri Suresh Prasad Singh ,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2017

1. The petitioner stands convicted of the offence punishable under Section 138 of the Negotiable Instrument Act by judgment and order, dated 09.06.2004 passed in Complaint Case No. 1690 (C ) of 2010 by learned Judicial Magistrate, Ist Class, Patna. He has been sentenced to undergo imprisonment for a term of six months and pay penalty of Rs. 40,000/- (Forty thousand). The appeal preferred against the said judgment and order has been dismissed by the learned Additional Sessions Judge-IV, Patna, by the judgment and order, dated 17.08.2016, passed in Criminal Appeal No. 2239 of 2014.

2. The present criminal revision application has been filed against the orders passed by the trial Court and the appellate

Court.

3 A supplementary affidavit on behalf of the petitioner and a counter affidavit on behalf of Opposite party No.2/complainant have been filed today, from which it appears that the parties have resolved their dispute amicably desire their matter to be settled by compounding of the offence.

4. I have heard learned counsel for the parties and I have perused the said affidavits filed on behalf of the petitioner and the Opposite party No.2.

5. Considering the facts and circumstances of the case, the offence under Section 138 of the Negotiable Instrument Act of which the petitioner has been convicted stands compounded. Compounding of the offence by the present order shall have the effect of acquittal of the petitioner.

6. This application stands disposed of.

(Chakradhari Sharan Singh, J) ArunKumar/- U