- (1.) 4/02.5.2014 Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the Opposite Party No.2. Both the parties are present in the Court in person. The certified copy of the complaint petition in C -1 Case No. 2116 of 2008, out of which the revision arises, has been produced. Let the same be kept on record. Petitioner is aggrieved by the Judgment dated 1st February, 2014 passed by learned
(2.) SESSIONS Judge, East Singhbhum, Jamshedpur, in Cr. Appeal No.42 of 2013, whereby the appeal filed against the Judgment of conviction and Order of sentence dated 24th January 2013 passed by Smt. Sanjeeta Srivastava, learned Judicial Magistrate, 1st Class, Jamshedpur, in C -1 Case No.2116 of 2008 / T.R. No.170 of 2013, convicting and sentencing the petitioner for the offence under Section 138 of the N.I. Act, has been dismissed by the Appellate Court below. I.A. No.2382 of 2014 has been filed by the petitioner for exemption from surrendering in the Court below on the basis of the compromise between the parties. I.A. No.2381 of 2014 has been filed by the petitioner stating that the case has since been compromised between the parties and the affidavit has been filed on behalf of the opposite party No. 2 admitting that the case has been settled between the parties outside the Court. The complainant present in the Court in person also admits that the case has since been compromised between them, as he has received his dues.
(3.) LEARNED counsel for the petitioner has submitted that the offence under Section 138 of the N.I. Act being compoundable in nature and in view of the fact that the case has since been compromised between the parties, the offence be allowed to be compounded.;