Remanded

Jitendra Aich v. State of Odisha

Orissa HC14 May 2022CRLREV/311/2021

Case brief

AI extract

What is this about?

In CRLREV No.311 of 2021, this Court disposed of a criminal revision petition arising from a negotiable instruments case. Upon the parties agreeing to a settlement and the petitioner paying the full disputed amount of Rs.1,00,000/-, which the respondent accepted, the Court allowed the compounding of the offence and acquitted the petitioner of the charge under Section 138 of the N.I. Act.

What did the court decide?

Petitioner acquitted of the charge under Section 138 of N.I. Act; Criminal Revision disposed of.

Jitendra Aich Vs State of Odisha — Cheque Dishonour | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLREV Nos.311 of 2021

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Jitendra Aich

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…. Petitioner Mr. B.B. Singh, Advocate

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-versus-

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State of Odisha and another …. Opposite Parties Mr. B.K.Mohanty, Advocate for O.P. No.2

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CORAM: JUSTICE A.K.MOHAPATRA

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Order No. ORDER
14.05.2022
04. 1. The matter is taken up today in the 2 nd National Lok
Adalat.
2. Heard learned counsel for the Petitioner and learned
counsel for the Opposite Parties.

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This revision petition has been filed challenging the judgment and order dated 19.8.2021, passed in Criminal Appeal No.05 of 2021 by confirming the judgment dated 02.03.2021 , passed by the J.M.F.C., Jajpur Road in I.C.C. Case No.88 of 2017. The cheque amount that is involved in this case is Rs.1,00,000/- (Rupees One lakh).

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During hearing of the case, both the parties have agreed to settle the matter out of Court and according to the terms of comprise, Petitioner has agreed to pay and the Opposite Party No.2 has agreed to accept a sum of Rs.1,00,000/- (Rupees

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One lakh) towards full and final settlement of his claim. Learned counsel for the Opposite Party No.2 also admits that he has already received the aforesaid amount from the Petitioner and he has also filed an affidavit indicating the aforesaid fact. Further it is submitted by learned counsel for the Opposite Party No.2 that the amount received from the Petitioner is towards full and final settlement of the matter. Accordingly, learned counsel for the Petitioner submits that he does not want to proceed any further against the Opposite Party No.2.

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Considering the facts and circumstances of the case and keeping in view the larger interest of justice and the fact that the amount of Rs.1,00,000/- has already been received by the Opposite Party no.2, this Court is inclined to allow the parties to compound the offence under Section 147 of the N.I. Act and accordingly, the Petitioner is acquitted of the charge u/s.138 of N.I. Act and the Criminal Revision is disposed of in view of the above.

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(A.K. Mohapatra, J.) 2^nd National Lok Adalat

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U.K.Sahoo

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Jitendra Aich v. State of Odisha

Case brief

What is this about?

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Jitendra Aich v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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