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2018 (10) TMI 107 - HC - Indian LawsAcceptance of Settlement entered into between parties - acquittal of accused - Section 138 of the Negotiable Instruments Act - Held that:- This is not a case wherein offence for which the petitioner has been charged can strictly be termed to be an offence against the State. On the other hand, continuation of criminal case against the petitioner would put the petitioner to great oppression and prejudice and extreme injustice would be caused to him in case the impugned judgment of conviction and sentence are not set aside. This court is not powerless in such situation and adequate powers have been conferred upon it not only under Sections 397 read with Section 401 or Section 482 Cr.P.C. but also under Section 147 of the Act for accepting the settlement entered into between the parties and to quash the proceedings arising out of the proceedings, which have consequently culminated into a settlement. This power has been conferred to subserve the ends of justice or/and to prevent abuse of the process of any Court. In the present case, the parties have already reached an amicable settlement and at best it was the complainant/respondent who could be said to be affected and aggrieved party, but herein even the affected and aggrieved party i.e. complainant/respondent is not interested to pursue the complaint and does not want to hold the petitioner responsible for the offence under the Act. Therefore, quashing of the complaint initiated at the instance of the respondent/complainant would be a step towards securing the ends of justice and to prevent abuse of process of the Court. The petitioner is acquitted of the offence under Section 138 of the Act - compensation amount which has been deposited by the petitioner before the learned trial court shall be released in favour of the respondent - revision petition disposed off.
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