KAYYUM BHAI Vs. RAM SARAN JOSHI

JUDGEMENT

(1.) - Petitioners have filed this petition against order dated 19.02.2010 of Special Judicial Magistrate (N.I. Act Cases) No.1 Jaipur City Jaipur in Case No.1066/2009 (481/2008) which was affirmed by Additional District and Sessions No.7 Jaipur City Jaipur in Criminal Appeal No.10/2010 (34/2010) (248/2010) vide order dated 21.06.2010. Learned trial court convicted accused-petitioner for offence under Sec. 138 of Negotiable Instruments Act 1881 and sentenced him to undergo one year simple imprisonment with fine of Rs. 170000.00 in default of payment of fine to further undergo three months simple imprisonment.

(2.) Learned counsel for petitioners has argued that the matter has been compromised between the parties and pursuant thereto entire due amount has been paid by the petitioners to complainant-respondent. Complainant-respondent who is represented by counsel has not disputed this fact. It is contended that entire due amount has been paid to the complainant.

(3.) The offence under Sec. 138 of the Negotiable Instruments Act 1881 is compoundable. Matter has been compromised between parties. Compromise dated 20.07.2010 executed on ten rupees non-judicial stamp paper has been placed on record of this petition. The compromise is duly attested by the Notary and signatures of the parties have been identified by their respective counsel. Accused-petitioner has paid entire due amount to complainant-respondent. Learned counsel for complainant-respondent has also admitted the fact that alleged offence against petitioner has been compounded between the parties.