KANTA Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision has been filed against the judgment dated 23.10.2002 passed by X Additional Sessions Judge, Indore, in Criminal Appeal No. 160/2002 arising out Criminal Case No. 934/98, judgment dated 15.4.2002 passed by learned I ACJM, Indore, convicting and sentencing the applicant u/s 138 of Negotiable Instruments Act.

(2.) THE applicant and non-applicant No. 1 have filed LA. No. 1776/2003, whereby they have compounded the offence. According to the parties, the non-applicant No. 1 has received the cheque amount payable by the applicant and applicant has received the possession of vehicle No. MP09-K-4988 from non-applicant No. 1. Now there are no disputes remaining between them. The counsel for parties as well as the learned Dy. A.G. Shri Desai have submitted that, though this case has arisen prior to the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (No. 55 of 2002), according to section 147, every offence punishable under this Act is compoundable. Since these are procedural provisions, therefore same will have application in pending cases also. In the light of the principle of interpretation of statute, the submission of learned counsel for parties "appears to be correct. Since the parties have settled their dispute amicably and compounded the offence, the applicant is hereby acquitted.