ARUN KUMAR Vs. SHIV CHARAN SHARMA

JUDGEMENT

(1.) Challenge in this criminal revision petition is to the judgment, dated 23.2.2013, passed by the learned Additional Sessions Judge, Gurgaon, whereby the appeal filed by the petitioner impugning the judgment of his conviction, dated 5.1.2012 and the order of sentence, dated 6.1.2012, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, 'the Act'), passed by the learned Judicial Magistrate Ist Class, Gurgaon, was dismissed.

(2.) Learned counsel for the petitioner submits that during pendency of the present criminal revision petition, the petitioner and his family members have resolved their dispute with the respondent-complainant, Shiv Charan Sharma, and have effected a compromise, according to which, a total sum of Rs. 7,76,000/- has been paid to the respondent-complainant, vide Demand Draft No. 505873, dated 7.3.2013, for a sum of Rs. 5,00,000/- (Rupees five lacs only) and Demand Draft No. 505877, dated 11.3.2013, for a sum of Rs. 2,76,000/- (Rupees two lacs and seventy-six thousand only), drawn on Syndicate Bank, CAO Branch, Delhi, as full and final settlement of the dispute. He further submits that by virtue of Section 147 of the Negotiable Instruments Act, the offence punishable under Section 138 of the Act, is compoundable. He further submits that while exercising the revisional jurisdiction, this Court can accept the compromise and allow the present criminal revision petition.

(3.) Learned counsel for the respondent-complainant also admits the factum of the compromise and has no objection if the criminal revision petition is accepted and while setting aside the judgments of both the Courts below, the petitioner is acquitted of the charge levelled against him.