AZAD SINGH Vs. MUGHEES

JUDGEMENT

(1.) THE revision petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for a period of three months. THE petitioner was directed to pay compensation of of Rs. 30,000/- to the complainant under section 357(3) of the Code of Criminal Procedure. THE appellate court confirmed the conviction, but modified and reduced the sentence to imprisonment till the rising of the court. THE direction to pay compensation was confirmed.

(2.) AN application under section 147 of the Negotiable Instruments Act for compounding the offence was filed by the petitioner/accused and the first respondent/ complainant and that application was allowed. Accordingly, the Revision Petiiton is allowed. The conviction and sentence imposed on the petitioner are set aside and the petitioner is acquitted under section 320(8) of the Code of Criminal Procedure. This is an application to condone the delay of 100 days in filing the revision petition. Though the reasons stated in the affidavit accompanying the petition are not fully satisfactory, taking into account the fact that the dispute between the parties has been settled and an application for compounding is filled, I am inclined to condone the delay. Therefore the application is allowed and delay is condoned.