JUDGEMENT
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(1.)Cr.MP No.29 of 2015 in Cr.Revision No. 330 of 2014 and Cr.MP No. 30 of 2015 in Cr. Revision No. 332 of 2014 By way of present revision petition, the petitioner(s) seek setting aside of the judgments dated 19.9.2014 passed by the learned Additional Sessions Judge (II), Kangra at Dharamshala (Circuit Court at Jawali), District Kangra, H.P. in Criminal Appeals No. 43-J/X/13/8, 42- J/X/13/8, 44-J/X/13/8 and 45-J/X/13/8 whereby he modified the judgment dated 14.7.2008 passed by learned Judicial Magistrate Ist Class, Jawali, District Kangra, H.P. in Private Complaints No. 4- III/07/05, 4-III/07/05, 6-III/07/05 and 6-III/07/05, in a complaint filed by the complainant against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as the 'Act') and the petitioner(s) was convicted and sentenced to undergo simple imprisonment for a period of four months and to pay a fine of Rs. 1,10,000/-, in each petition, and in default of payment of fine to undergo simple imprisonment for one month and out of the aforesaid amount, Rs. 1,00,000/-,in each petition, would be given to the complainant/respondent for loss suffered by him in litigating the matter.
(2.)The applicant/complainant has filed an application for withdrawal of the complaint filed by him against the petitioner/accused before the learned trial Court. It is represented by learned counsel for the complainant/respondent that the parties have amicably settled the matter and the complainant/respondent does not want to pursue the complaint as the learned trial Court has already ordered that the amount deposited by the petitioner/accused be released in favour of the applicant/complainant.
(3.)From the records of the case, I find that this is not a case wherein the offence for which the petitioner(s) has been charged can 'stricto sensu' be termed to be an offence against the State. Therefore, this is a case where the continuation of criminal case against the petitioner(s) would put the petitioner (s) to great oppression and prejudice and extreme injustice would be caused to him by not setting aside the impugned judgments of conviction and sentence.
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