Court No. - 86
Case :- CRIMINAL REVISION No. - 1807 of 2021 Revisionist :- Balkrishna Mishra Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vinay Kumar Tiwari,Rajendra Prasad Tiwari Counsel for Opposite Party :- G.A.,Virendra Singh Parmar
Hon'ble Umesh Kumar,J.
Heard learned counsel for the parties and gone through the record.
The present criminal revision has been filed against judgment and order dated 22.6.20217, passed by Special Judicial Magistrate, Banda, in Complaint Case No. 806 of 2016 whereby the revisionist-accused has been convicted under Section 138 N.I. Act and sentenced to undergo rigorous imprisonment for two years alongwith fine of Rs. 12 lakhs with default stipulation. The amount of fine was to be paid to the complainant.
Learned counsel for the revisionist submits that the parties have amicably settled the matter and entire amount has been paid to the complainant. The copies of bank draft of Rs.5,00000/-, Rs. 4,00000 and Rs. 3,00000/- have been annexed as Annexure S.A.-1 to the supplementary affidavit. This fact of payment/compromise has been confirmed and nodded in affirmative by the counsel for the opposite party no.2. and has been jointly submitted that there would be no harm and error it would be the interest of justice that the proceedings may be quashed in the light of the compromise.
Under the facts and circumstances of the case, the revisionist is at liberty to move a proper application for quashing of the proceedings in terms of compromise before the Trial Court within 15 days from today which shall be considered and decided within a week thereafter by the Trial Court in accordance with law.
With the above observation, the present revision stands
disposed of.
Order Date :- 20.9.2021 S.Verma