LAXMAN DATTA CHUNEKAR Vs. SARASWAT COOP BANK LTD

JUDGEMENT

(1.) THE petitioner is challenging the Judgment and Order passed by the Sessions Court by the Ist Additional Sessions Judge, Panaji in Criminal Appeal No.10/2004 by which order he had confirmed the Judgment and Order passed by the Judicial Magistrate at Ponda in Criminal Case No.207/0A/02/C on 18.12.2003.

(2.) THE Trial Court convicted the accused for an offence punishable under Section 138 of N.I. Act and sentenced him to undergo simple imprisonment for a period of one month. The accused was also directed to pay a sum of Rs.8,000/- as compensation and in default to undergo simple imprisonment for a period of 15 days. This order was confirmed by the Sessions Court. The petitioner is challenging the said orders passed by the lower Courts in this revision application.

(3.) THE offence under Section 138 of N.I. Act is a compoundable offence and the parties have right to compound the offence. In view of the statement made by the learned counsel on behalf of the respondent, in my view this is a fit case for setting aside the Judgment and Order passed by both the lower Courts. The conviction and sentence awarded by the Judicial Magistrate F.C. is quashed and set aside. The Judgment and Order passed by the Addl. Sessions Judge in Criminal Appeal No.10/2004 is also set aside.