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TMI Blog2021 (5) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... ep Sharma, J. (Oral) Instant criminal revision petition filed under Section 397 read with Section 401 of Cr.PC, lays challenge to judgment dated 4.1.2020, passed by the learned Additional Sessions Judge, Sundernagar, District Mandi, HP, in Criminal Appeal No. 40 of 2017, affirming judgment of conviction and order of sentence dated 5.5.2016, passed by the learned ACJM-I, Sundernagar, District Shim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act. 3. Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment dated 5.5.2016, held the petitioneraccused guilty of having committed offence under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner's depositing entire compensation amount and furnishing personal bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court within four weeks. 6. On 9.3.2021, learned counsel for the petitioner in Cr.R No. 257 of 2020, informed this Court that petitioner is in the process of settling the dispute with the respondent bank and as such, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rial court in four cases including the present petition. 9. Mr. Arvind Sharma, learned counsel representing the complainant-Bank while fairly acknowledging factum with regard to receipt of sum of Rs. 8,00,000/- contended that since respondent bank has entered into one time settlement with the petitioner and has already received sum of Rs. 8,00,000/-, respondent bank shall have no objection, in ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 5.5.2016 and 4.1.2020, passed in Criminal appeal No. 40/2017 and Criminal Complaint No. 198-I/2014, respectively, by the courts below are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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