JUDGMENT : Application under Section 5 of the Limitation Act: 1. For the reasons stated in the application under Section 5 of the Limitation Act and after hearing learned counsel for the petitioner and the learned Public Prosecutor, the delay of 123 days in filing the revision petition, is condoned. Revision Petition No. 722/2019: 2. This revision petition has been filed by the petitioner against the judgment dated 2.11.2018 passed by the learned Special Judge (ST/SC) Act Cases, Bhilwara in Cr. Appeal No. 13/2017 (17/2017), by which the learned Judge dismissed the appeal and affirmed the judgment dated 11.5.2017 passed by the learned Special Judge (NI Act) Cases No. 1, Bhilwara in Cr. Case No. 1560/2015 (12/2016) whereby the learned Magistrate convicted the petitioner for offence under Section 138 of the NI Act and sentenced to undergo one years simple imprisonment and to pay compensation in the sum of Rs. 65,000/-. 3. Counsel for the petitioner submits that the petitioner and complainant-respondent No. 2 have entered into a compromise in the spirit of Lok Adalat and the respondent No. 2 has received all the amount from the petitioner and does not want to proceed in the matter, therefore, the sentence of imprisonment awarded to the petitioner may be set aside. 4. Having heard learned counsel for the parties, since the parties have settled their dispute and complainant- respondent No. 2 has accepted the sum towards full and final settlement of dispute on the satisfaction of the complainant and in the light of provisions of Section 147 of the NI Act and in view of the law laid down by the Honble Apex Court in the case of Damodar S. Prabhu v. Sayed Babala H. reported in 2010(5) SCC 663 , the sentence awarded to the petitioner for offence under Section 138 of the NI Act is liable to be set aside. 5. Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 of the NI Act vide judgments dated 2.11.2018 and 11.5.2017 is hereby set aside on the basis of the aforesaid compromise. 6. The revision petition is disposed of. 7. The application for suspension of sentence No. 198/2019 also stands disposed of. 8. Needless to observe that the petitioner shall be released forthwith in accordance with law.