AASHIQ MOHAMMAD Vs. TARACHAND SAMRIYA

JUDGEMENT

(1.) - Petitioner has filed this revision petition against order dated 02.08.2010 of learned Additional Judicial Magistrate 1st Class, No.3, Bundi, in Criminal Regular Case No.355/2008, which was affirmed by Additional Sessions Judge No.1, Bundi, in Criminal Appeal No.110/2010 decided on 18.02.2011. Learned trial court convicted accused-petitioner for offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year simple imprisonment with fine of Rs. 55,000/-; in default of payment of fine, to further undergo two months simple imprisonment.

(2.) Learned counsel for petitioner argued that petitioner has already remained behind bar for about one month and matter has been compromised between parties. Learned counsel for petitioner submitted that his client has deposited entire amount of Rs. 55,000/- in cash with the court below and he produced receipt depositing the said amount in the court. Learned counsel for complainant does not dispute this fact and stated that the matter has been compromised between the parties. Learned counsel for petitioner and complainant submit that they do not want to pursue the matter any further. Counsel for petitioner submit that in view of compromise between the parties, the impugned orders be set-aside and matter be ordered to be compounded. The offence under Section 138 of the Negotiable Instruments Act, 1881, is compoundable.

(3.) Learned counsel for complainant-respondent has also admitted the fact that alleged offence against petitioner has been compounded.