IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.493 of 2013 Mohammed Umer Alli …. Petitioner Ms. Bini Mishra, Advocate -versus- Anil Kumar Dixit …. Opp. Party CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 18.05.2026 10. 1. The present case is arising out of a complaint u/s. 138 N.I. Act in the file of I.C.C. Case No.233 of 2009 before the Court of the learned Special Judicial Magistrate, Bhadrak. Vide judgment of conviction and the order of sentence dated 26.07.2011, the learned Special Judicial Magistrate, Bhadrak in I.C.C. Case No.233 of 2009, has recorded the conviction against the petitioner for the offence punishable under Section 138 of the N.I. Act and sentenced to undergo S.I. for a period of three months and to pay a compensation of Rs.72,000/- to the complainant, i.e., the respondent herein. 2. The petitioner has assailed the aforementioned judgment of conviction and order of sentence by filing the Criminal Appeal No.14-01 of 2010 before the learned Additional Sessions Judge (FTC-I), District- Bhadrak. The appellate Court vide its judgment dated 01.10.2012 has confirmed the same. Hence, the present Criminal Revision. 3. Ms. Mishra, learned counsel for the petitioner submits that during pendency of the present petition, the parties have entered into a settlement and in pursuance thereto the Respondent-Anil Kumar Dixit has filed an affidavit before this Court on 23.06.2013 and in the said affidavit, it is inter alia stated as follows: “3. That, the above mentioned ICC case subsequently convert Crl. Appeal No.14/01 of 2012 in which Mohammed Ummar Ali stood as appellant and I the deponent as Respondent and the same case was ended with a direction that Mohammed Ummar Alli will paid me Rs.60,000/- as compensation amount and undergone S.I. for three months. 4. That as per the direction of the Hon’ble Addl. Sessions Judge (FTC-I), Bhadrak, Mohammed Ummar Ali (convict) have already paid Rs.60,000/- (Rupees sixty thousand only) me on dt. 23.6.2013 and I have also furnished a money receipt in favour of Mohammed Ummar Ali as acknowledge. 5. That, I the deponent further declared that I have no any kind of grievance against the convict Mohammed Ummar Alli in any manner and this affidavit shall be treated as token of evidence to avoid future dispute and litigation.” 4. Regard being had to the aforementioned, the present Criminal Revision is allowed and the judgment of conviction and the order of sentence dated 26.07.2011 passed by the Subhasis learned Special Judicial Magistrate, Bhadrak in I.C.C. Case No.233 of 2009 and confirmed by the learned Appellate Court stands is set aside. 5. The CRLREV is accordingly allowed. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack.