- (1.) This Cr. Revision is directed against the judgment dated 20th March 2007 passed in Cr. Appeal No. 119 of 2006 by the learned Additional Sessions Judge, F.T.C. No. VII Hazaribagh by which the judgment of conviction recorded by Sri. Santhosh Kumar, Judicial Magistrate, Ist Class, Hazaribagh in connection with Complaint Case No. 572 of 2005 corresponding to T.R. No. 1217 of 2006 against the Petitioner under Section 138 of the Negotiable Instrument Act and order of sentence passed against him was affirmed and his appeal was dismissed.
(2.) By the said judgment Petitioner was sentenced to undergo simple imprisonment for a period of one year and to pay fine of Rs. 35,000/-with the observation that on realization of such amount from the Petitioner, a sum of Rs. 30,000/-would be given to the complainant-opposite party No. 2.
(3.) During pendency of this Cr. Revision an interlocutory application No. 2496 of 2010 was filed on behalf of the Petitioner requesting that the Cr. Revision be decided in view of the decision of the Apex Court rendered in Damodar S. Prabhu v. Sayed Babalal.H, 2010 5 SCC 663. The Petitioner further contended that he had already paid all the amounts due to the O.P. No. 2 and there was no balance against him and that both have already entered into compromise and they were ready to compound the offence as per provisions of composition under Section 147 of the Negotiable Instrument Act. A counter affidavit has been filed on behalf of the O.P. No. 2 Nand Kishore Sah wherein admitted that he had entered into compromise with the Petitioner and had no longer grievance against the Petitioner. It was further stated in I.A. No. 2496 of 2010 which was filed in the form of counter affidavit that he (O.P. No. 2) had already received the entire amount from the Petitioner and there was no due against him and that he would have no objection if the I.A. filed on behalf of the Petitioner would be allowed. The counter affidavit has been signed by the O.P. No. 2 on 20.11.2010 duly identified by his counsel Miss. Rupa Kumari.;