PARVEEN KUMAR Vs. GUPTA STEEL TRADERS AND ANOTHER

JUDGEMENT

(1.) Challenge in the present criminal revision petition is to the judgement, dated 30.11.2015, passed by learned Additional Sessions Judge, Faridabad, whereby appeal filed by the petitioner challenging his conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as the 'N.I.Act'), recorded by learned Judicial Magistrate First Class, Faridabad, was dismissed.

(2.) When the criminal revision petition came up for preliminary hearing before this Court on 24.12.2015, notice of motion was issued with regard to quantum of sentence only. As a sequel thereto, Mr.Sunil Kumar, Advocate,has put in appearance for respondent No.1, while Mr.Apoorv Garg, DAG, Haryana, has appeared for the State, i.e. respondent No.2. All the counsels representing the respective parties are ad idem that in view of the compromise so effected between the parties the present criminal revision petition can be disposed of at this stage. They are further in unison that in view of the provisions contained in Section 147 of the N.I.Act, offence punishable under Section 138 of the N.I.Act is compoundable and if the Court permits the parties to compound the offence, then the accused can be acquitted of the charge levelled against him.

(3.) After hearing the learned counsel for the parties, statement on oath of Dharmender Kumar, who is proprietor of respondent No.1, was recorded separately in which he admitted the factum of compromise with the petitioner and deposed that he had no objection if the petitioner was acquitted of the charge levelled against him on the basis of compromise. He further fairly admitted that a sum of Rs. 6,00,000/- (Rupees six lacs only) was received by him from the petitioner side.