SUNIL SHARMA Vs. OM PRAKASH PORWAL

JUDGEMENT

(1.) This criminal revision petition has been preferred on behalf of the petitioners being aggrieved with the order dated 1.9.2015 passed by the Special Judge, (N.I. Act Cases) No. 5, Udaipur (for short 'the Trial Court') whereby, the Trial Court has convicted the petitioners for the offence punishable under Section 138 of the N.I. Act. The petitioners have also challenged the order dated 13.12.2019 passed by the Addl. Sessions Judge No. 5, Udaipur (for short 'the Appellate Court') whereby, the Appellate Court upheld the order dated 1.9.2015 passed by the Trial Court.

(2.) Learned Counsel for the petitioners has submitted that compromise has been arrived at between the parties on 10.2.2020 and as per the said compromise, the petitioners have paid the whole amount to the respondent No. 1. Learned Counsel for the petitioners has further submitted that in view of the fact that the parties have entered into compromise, the impugned orders under challenge may kindly be set aside and the petitioners be acquitted from the charge of offence punishable under Section 138 of the N.I. Act.

(3.) The office has raised certain objections and the main objection is to the effect that a certificate required under Rule 311(3) of the Rajasthan High Court Rules, 1952 has not been filed and the petitioners have not surrendered pursuant to the impugned orders.