VINAY KUMAR MITTAL Vs. HARVEER SINGH

JUDGEMENT

(1.) In a complainant instituted under Section 138 of the Negotiable Instrument Act, 1881, the revisionist was convicted and sentenced by Learned Judicial Magistrate, Rishikesh vide order dated 11.04.2011. A Criminal Appeal preferred against the said order was dismissed by Learned First Additional Sessions Judge, Rishikesh, vide order dated 02.02.2013. Present Criminal Revision was preferred by the convict assailing the said orders.

(2.) A Criminal Misc. Application no. 422/2013 is filed by the respondent Harveer Singh with the prayer to permit him to compound the case. It is also prayed that the dispute between the parties be decided in terms of compromise.

(3.) The offence punishable under Section 138 Negotiable Instruments Act, 1881 is a compoundable offence in view of section 147 of said Act. As per the law laid down by Hon'ble Apex Court in the case of O.P. Dholkia vs. State of Hariyana, 2000 1 SCC 762, and also in the case of Vinay Devanna Nayak vs. Ryot Seva Sahkari Bank Ltd., 2008 2 SCC 305, the conviction of an accused under Section 138 of Negotiable Instruments Act can be set aside by the Court at any stage of proceeding on the basis of compromise.