GOPAL KRISHAN Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE present revision petition has been filed against the judgment dated 24.1.2012 passed by learned Additional Sessions Judge, Chandigarh, dismissing the appeal filed by the petitioner against the judgment passed by the Judicial Magistrate 1st Class, Chandigarh, dated 21.4.2008 whereby the petitioner was convicted under Section 138 of the Negotiable Instruments Act and was sentenced to RI for one year and he was directed to pay compensation of Rs. 1,60,000 to the complainant under Section 357(3) Cr.P.C.

(2.) DURING the pendency of the revision petition, a compromise has been effected between the petitioner and the complainant. The affidavit of the complainant and the Compromise deed (Annexure P-l and P-2) have also been placed on record in this regard.

(3.) HON 'ble the Supreme Court in the case of Cochin Hotels Co.(P) Ltd. and others v. Kairali Granites and others reported as 2006(2) RCR (Criminal) 333, in some what similar circumstances, allowed the compounding of offence and set aside the order of conviction and sentence. Similar order was also passed by the Apex Court in the case of K. Subramanian v. R Rajathi Rep. By POAP Kaliappan reported as 2010 (1) RCR (Criminal) 184, in para 5 of the judgment, reads as under :-