Vinod Prasad, J. - (1.) REVISIONIST Ajay Kumar has come up to this court in instant revision being aggrieved by judgment and order dated 4.9.2010 passed by learned Additional District and Session's Judge, Court No. 14, Allahabad in Criminal Appeal No. 100 of 2010, Ajai Singh Vs. State of U.P. and another, by which lower appellate Court has confirmed his conviction U/S 138 N.I. Act and imposed sentence of 1year simple imprisonment with Rs. 2,50000/ - fine, implanted by learned Additional Chief Judicial Magistrate, Court No. 5, Allahabad, vide judgment and order dated 16.3.2010 passed complaint case No. 2174 of 2009, Ibha Sinha versus Ajay Singh.
(2.) AT the time of admission of this revision, revisionist was released on bail by this Court on 12.11.2010. Pending consideration instant revision, revisionist offered to pay Rs. 2,30000/ - to the complainant by way of compromise for full and final settlement of her entire claim. The said offer was accepted by complainant respondent No. 2 Miss Ibha Sinha. In pursuance of said agreement two negotiable instruments in the name of Miss Ibha Sinha, one bank draft and the other pay order was tendered by the revisionist in court which both were handed over to Miss Ibha Sinha on 23.9.2011. Both the negotiable instruments were got enchashed by her and to that effect she made statement in court today that she has received money of those instruments and therefore she does not want to contest the revision and the same may be allowed. Details of those instruments were (i) Bank Draft of State Bank of India, Bamrauli, Allahabad Branch of Rs.1,25,000/ -being draft No. 725749 and (ii)Pay Order issued by Bank of Baroda, Mundera, Allahabad Branch being pay order No. 136071 of Rs. 1,05,000/ -. In view of aforesaid facts, since complainant has compromised the lis with the revisionist, that after hearing Shri Veer Singh, learned counsel for the revisionist and Miss. Ibha Sinha, complainant in person, I allow the revision, set aside both the impugned judgment and order dated 4.9.2010 passed by learned Additional District and Sessions Judge, Court No. 14, Allahabad in Criminal Appeal No. 100 of 2010 (Ajai Singh Vs. State of U.P. and another) and the judgment and order dated 16.3.2010 passed by learned Additional Chief Judicial Magistrate, Court No. 5, Allahabad in Complaint Case No. 2174 of 2009 (Ibha Sinha Vs. Ajai Singh), under section 138 Negotiable instrument Act, Police Station Dhoomanganj, District Allahabad and acquit the revisionist of the charge u/s 138 N.I.Act. Revisionist is on bail, he need not surrender, his bail bonds and surety bonds are discharged.
(3.) LET a copy of this judgement be certified to the trial court for it's intimation.;