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Rajasthan High Court · body

2018 DIGILAW 196 (RAJ)

JASPREET SINGH GAMBIR v. DAYAGOLD CREATION

2018-01-16

SABINA

body2018
ORDER : Sabina, J. Petitioner had faced trial qua offences punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'Act') with regard to dishonour of cheque in question on a complaint filed by the respondent. Courts below have ordered conviction and sentence of the petitioner under Section 138 of the Act. Hence, the present petition by the petitioner. 2. Learned counsel for the petitioner and respondent have submitted that in-fact three complaints were filed by the respondent against the petitioner with regard to cheques in question. Petitioner has been convicted and sentenced in all the three cases. In one case, cheque amount was Rs. 2,50,000/-, in another case cheque amount was Rs. 2,00,000/-, whereas in the third case cheque amount was Rs. 8,08,000/-. In all compensation ordered to be paid by the courts below by the petitioner to the respondent is Rs. 15,50,000/-. Learned counsel for the petitioner has handed over two demand drafts in the sum of Rs. 10,00,000/- and Rs. 5,50,000/- to the respondent, who is present in person, as payment of entire compensation amount in question of all the three cases (photocopies of the Demand Drafts have been placed on record). 3. In these circumstances, respondent has submitted that he has received the entire amount of compensation as awarded by the courts below and he may be permitted to compound the offence. 4. Learned counsel for the petitioner has submitted that petitioner has deposited 15% of the cheque amount in question with the Legal Services Authority and has placed the receipt of the same on record. 5. As per Section 147 of the Act, every offence under the Act is compoundable. 6. Accordingly, since the parties have amicably settled their dispute, this petition is allowed. Petitioner is ordered to be acquitted. Consequently, judgments/orders of the courts below are set aside. However, the acquittal of the petitioner in this case will have no bearing on the civil litigation pending between the parties with regard to the cheque in question.