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2013 DIGILAW 2045 (RAJ)

Kanhaiya Lal v. State of Rajasthan

2013-11-20

NIRMALIJIT KAUR

body2013
JUDGMENT 1. - This is revision petition under Section 397/401 of the Criminal Procedure Code, against the judgment and order dated 14.5.2011 passed by Additional Sessions Judge, Banswara in Criminal Appeal No. 22 of 2008, vide which, he dismissed the appeal of the petitioner and affirmed the judgment and order dated 28.3.2008 passed by Additional Chief Judicial Magistrate, Kaushalgarh, Banswara in Criminal Case No. 462-A of 2006. The Trial Court has convicted and sentenced the petitioner for the offence under Section 138 of the Negotiable Instruments Act to undergo 6 months simple imprisonment and fine of Rs. 75,000/-. 2. Learned counsel for the petitioner states that the petitioner wants to compromise the matter. He is ready to deposit the balance amount. 3. 50% of the amount has already been deposited before the Trial Court in pursuance to the order dated 23.5.2011, which is already released to the respondent-complainant. The petitioner is ready to deposit the balance amount of Rs. 37,500/- which includes the fine amount. 4. Learned counsel for the complainant states that in case, the balance amount is paid to the complainant by the petitioner, minus the fine amount, they have no objection to his acquittal from the said offence. 5. Section 147 of the Negotiable Instruments Act reads as under: "147. Offence to be compoundable. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every offence punishable under this Act shall be compoundable." 6. Thus, the offence is compoundable. In view of the statement made by learned counsel for the parties, this Court has no inhibition in accepting the said compromise. 7. Accordingly, the present revision petition is allowed subject to the condition that the petitioner will deposit Rs. 37,500/- before the Trial Court within a period of 10 27th February, 2014-31 days from today. After deducting Rs. 5,000/- as fine, the balance amount will be released to the respondent-complainant forthwith. 8. In view of the above, the order of conviction dated 28.3.2008 passed by Additional Chief Judicial Magistrate, Kaushalgarh, Banswara in Criminal Case No. 462-A of 2006 as well as the judgment dated 14.5.2011 passed by the lower Appel ate Court is set aside and the petitioner is acquitted of the said charge. 9. 8. In view of the above, the order of conviction dated 28.3.2008 passed by Additional Chief Judicial Magistrate, Kaushalgarh, Banswara in Criminal Case No. 462-A of 2006 as well as the judgment dated 14.5.2011 passed by the lower Appel ate Court is set aside and the petitioner is acquitted of the said charge. 9. However, in case, the petitioner does not deposit the said amount, as stated above, within the stipulated period, the present revision petition will be restored to its original number on an application moved by the respondent-complainant.Revision allowed. *******