NIRMAL KUMAR Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Heard.

(2.) The instant revision petition has been preferred by the petitioner against the judgment dated 5.5.2009 passed by the learned Additional Sessions Judge (FT) No.3, Bikaner in Criminal Appeal No.109/2008 whereby the judgment dated 29.1.2003 passed by the learned Additional Chief Judicial Magistrate No.1, Bikaner in Criminal Case No.396/1999 convicting the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act and sentencing him to one year's simple imprisonment and a fine of INR 2,40,000.00 and in default to further undergo 1 month's simple imprisonment.

(3.) During the pendency of the present revision petition, the parties expressed the desire for settling the matter through mediation. The matter was thereafter sent to the Mediation Center, Rajasthan High Court, Jodhpur where mediation proceedings were successful. Accordingly, a compromise application under Sec. 147 of the Negotiable Instruments Act was moved by the complainant before this Court and it has been prayed that the conviction of the petitioner be quashed on the basis of compromise. Today, the compromise has been verified by the Deputy Registrar (Judicial) of this Court. The offence under Sec. 138 of the Negotiable Instruments Act is compoundable without permission of the Court.