VIJAYPAL KEEMTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision petition seeks quashing of impugned judgment and order of conviction and sentence dated 9/2/2009 passed by learned Additional Chief Judicial Magistrate Ramganjmandi, Kota in Criminal Case No.569/2002 convicting petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him with one year simple imprisonment along fine of Rs. 1,50,000/-, in default of payment of which, to further undergo three months simple imprisonment as well as judgment of the appellate court of learned Additional Sessions Judge, Ramganjmandi, Kota passed in Appeal No.8/2009 dated 20/8/2010.

(2.) Dr.Mahesh Sharma, learned counsel appearing for the complainant asserted that he has received cheque amount of Rs. 75,000/-.

(3.) Learned counsel for the parties are ad idem that in view of the compromise arrived at between the parties vide compromise dated 30/10/2010, the offence under Section 138 of the Negotiable Instruments Act, 1881 may be compounded and in support of their argument, they placed reliance on the judgment of Larger Bench of Apex Court in Damodar S.Prabhu v.. Sayed Babalal H., 2010 CrLR 493 in which Hon'ble Apex Court held the said offence compoundable in view of compromise arrived at between the parties.