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2005 DIGILAW 2581 (RAJ)

Jamaludin v. Mohan Guneja

2005-09-26

H.R.PANWAR

body2005
JUDGMENT 1. - This criminal revision under Section 397/401 of Code of Criminal Procedure (for short 'the Code' hereinafter) is directed against the judgment and order dated 28.6.2003 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases Court, Sri Ganganagar (for short 'the appellate Court' hereinafter) in Criminal Appeal No. 12 of 2003 whereby the appellate Court dismissed the appeal filed by the petitioner against the judgment and order dated 27.2.2002 passed by Additional Chief Judicial Magistrate, Sri Ganganagar (for short 'the Trial Court' hereinafter) in Criminal Case No. 192 of 2000 by which the Trial Court convicted the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter) and sentenced him to undergo two months' simple imprisonment and directed to pay a sum of Rs. 30,000/- as compensation. The complainant non-petitioner No. 1 Mohan Guneja appeared before this Court and filed an application seeking permission to compound the offence punishable under Section 138 of the Act. The complainant non-petitioner. No. 1 has also filed a compromise. The compromise has been verified by the Deputy Registrar, Judicial today. The complainant has been identified by his counsel Mr. B.K. Vyas. 2. The offence punishable under Section 138 of the Act is compoundable under Section 147 of the Act. Section 147 of the Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable. 3. Section 320 of the Code provides compounding of offence. Sub-section (6) of Section 320 of the Code provides that a High Court or Court of Session acting in the exercise of its powers of revision under Section 401 may allow any person to compound any offence which such person is competent to compound under this Section. Sub-section (8) of Section 320 of the Code provides that the composition of an offence under this Section shall have an effect of an acquittal of the accused with whom the offence has been compounded. 4. Keeping in view the aforesaid provisions of law, the non-petitioner No. 1 is permitted to compound the offence. He has compounded the offence by filing a compromise which has been verified by Deputy Registrar, Judicial. 5. Consequently, the revision petition is allowed. 4. Keeping in view the aforesaid provisions of law, the non-petitioner No. 1 is permitted to compound the offence. He has compounded the offence by filing a compromise which has been verified by Deputy Registrar, Judicial. 5. Consequently, the revision petition is allowed. The impugned judgment and order dated 28.6.2003 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases Court, Sri Ganganagar in Criminal Appeal No. 12 of 2003 as also the order dated 27.2.2002 passed by the Trial Court are hereby set aside. The petitioner Jamaludin S/o Sh. Ali Mohammed, b/c Mohammed, R/o 232-Bapu Nagar, Near Indira Chowk, Sriganganagar is acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 being compounded by the complainant non-petitioner No. 1. The application, seeking suspension of sentence stands disposed of.Appeal disposed of. *******