Court No. - 72
Case :- CRIMINAL REVISION DEFECTIVE No. - 780 of 2019 Revisionist :- Sunil Kumar Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Amit Krishna Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Criminal Misc. Delay Condonation Application No.1 of 2019
The revision is reported beyond time by 142 days.
Delay has been explained properly in the affidavit accompanied with the application.
Accordingly, Delay is condoned. Application stands allowed.
Order on Memo of Revision
Vakalatnama filed by Shri Manoj Kumar Pandey, Advocate on behalf of O.P. No.2 is taken on record.
Joint affidavit filed by the learned counsel for the applicant as well as learned counsel for O.P. No.2 is taken on record.
Heard learned counsel for the parties.
Present revision under Section 397/401, Cr.P.C. has been filed against the appellate order dated 2.2.2019 passed by Additional District and Session Judge, Court No.1, Muzaffar Nagar, whereby criminal appeal No.32 of 2018 filed by the revisionist was dismissed affirming the order of the trial court dated 18.7.2018 passed by Presiding Officer, Additional Court, Muzaffar Nagar in Case No.316 of 2016, under Section 138 of Negotiable Instruments Act, P.S. New Mandi, District Muzaffar Nagar, whereby the revisionist was sentenced for six months simple imprisonment and fine of Rs.9,15,693/-.
In the joint affidavit filed by the parties it is mentioned that the matter has been settled between the parties and revisionist agreed to pay Rs.6,50,00/- lump sum to the complainant in lieu of Rs.8,00,000/- towards full and final settlement and pursuant to the settlement between them, revisionist paid the said amount to the O.P. No.2. The details in this regard has been mentioned in para Nos.7, 8 & 9 of the joint affidavit. In view of above, impugned orders passed by the appellate court as well as trial court stands quashed.
The revision stands allowed. Order Date :- 30.9.2019 T. Sinha