Court No. - 55
Case :- CRIMINAL REVISION DEFECTIVE No. - 719 of 2018 Revisionist :- Anil Kedia Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Pankaj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Learned counsel for the revisionist has filed today a certified copy of the order dated 27.02.2018 pursuant to office report dated 27.10.2018 which is taken on record.
Defect no. 4 as pointed out by the office has been removed.
Heard Sri Pankaj Srivastava, learned counsel for the revisionist, Sri Abhinav Prasad, learned AGA and perused the record.
The present revision has been filed against the order dated 10.10.2018 passed by Additional District & Sessions Judge, Court No. 5, Varanasi in Criminal Appeal No. 52 of 2018 (Anil Kediya Vs. Tejinder Pal Singh) as well as order dated 27.02.2018 passed by learned Presiding Officer, Additional Court, Varanasi in Complaint Case No. 930 of 2017 under section 138 of Negotiable Instrument Act, Police Station Sigra, District Varanasi, the learned trial court convicted the revisionist for offence under section 138 of N.I. Act for one year Rigorous Imprisonment and Fine of Rs. 1,85,000/- and in default of payment the revisionist shall go 6 months additional imprisonment.
Learned counsel for the applicant submits that the applicant is ready to settle the dispute with opposite party no. 2 in the light of the judgement of the Apex Court in the Case of DAMODAR S. PRABHU Vs. SAYED BABALAL H. reported in 2010(5) SCC 663.
Considering the facts and circumstances of the case, it is hereby directed that in case the applicant appears before the Court below within a period of four weeks from today and moves and appropriate application to compromise the matter, the same shall be considered and disposed of by the Court below keeping in view the law laid down by the Apex Court in the case of DAMODAR S. PRABHU (Supra) within a further period of four weeks after hearing opposite party no. 2.
For a period of six weeks from today, no coercive action shall be taken against the applicant.
With the aforesaid observations, the application is disposed off.
Order Date :- 30.10.2018 Arti