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2010 DIGILAW 1853 (RAJ)

Vijay Iron Store v. State of Rajasthan

2010-11-03

MOHAMMAD RAFIQ

body2010
JUDGMENT 1. - The instant criminal revision petition seeks quashing of impugned judgment and order of conviction and sentence dated 9/1/2009 passed by learned Additional Chief Judicial Magistrate No.12, Jaipur City, Jaipur in complaint No.528/2006 convicting petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him with six months simple imprisonment along fine of Rs. 1,00,000/-, in default of payment of which, to further undergo two months simple imprisonment as well as judgment of the appellate court of learned Additional Sessions Judge, (Fast Track) No.4, Jaipur City, Jaipur in Appeal No.53/2009 dated 31/7/2010. 2. Learned counsel for the parties are ad idem that in view of the compromise arrived at between the parties vide compromise dated 25/9/2010, the offence under Section 138 of the Negotiable Instruments Act, 1881 may be compounded and in support of their argument, they placed reliance on the judgment of Larger Bench of Apex Court in Damodar S.Prabhu v. Sayed Babalal H. : 2010 Cr.L.R. (SC) 493 in which Hon'ble Apex Court held the said offence compoundable in view of compromise arrived at between the parties. 3. I have heard learned counsel for petitioner, learned Public Prosecutor for the State as well as learned counsel for the complainant and perused the material on record and the Larger Bench judgment of Hon'ble Apex Court in Damodar S.Prabhu supra. 4. Thus, considering the facts and circumstances of the case, having regard to the compromise arrived at between the parties which is on record and the judgment of Hon'ble Apex Court in Damodar S.Prabhu supra, I deem it appropriate to held the offence under Section 138 of the Act of 1881 compoundable in view of compromise. 5. In the result, this criminal revision petition is allowed, the offence under Section 138 of the Negotiable Instruments Act, 1881 is compounded and impugned judgment and order of conviction and sentence passed by learned trial court of Additional Chief Judicial Magistrate No.12, Jaipur City Jaipur in complaint No.528/2006 dated 9.1.2009 as well as judgment of the appellate court of learned Additional Sessions Judge, (Fast Track) No.4, Jaipur City, Jaipur passed in Appeal No.53/2009 dated 31.7.10 are set-aside.Petition allowed. *******