DEV KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is revision petition under Sec. 397/401 of the Cr.P.C. against the Judgment dt. 20.06.2006 passed by learned Additional Sessions Judge (Fast Track) No. 3, Bikaner whereby the appeal of the present petitioner was dismissed and Judgment dt. 06.10.2005 passed by learned Civil Judge (J.D.) and Judicial Magistrate First Class, Nokha convicting and sentencing the petitioner for the offence under Sec. 138 of the Negotiable Instrument Act was affirmed. Learned counsel for the petitioner states that the matter has been compromised.

(2.) THE respondent -complainant No. 2 Surja Ram is present in the Court. It is admitted by the respondent that the matter has been compromised. He has got his statement recorded separately. In his statement, it is stated by him that the matter has been compromised and he has no objection, if the petitioner is acquitted of the charges.

(3.) THUS , the offence is compoundable. This Court has no doubt that the matter has been compromised. The matter having been compromised, this Court has no inhibition in accepting the same. In view of the statement of the learned counsel for the parties, the revision petition is allowed and the Judgments dt. 24.08.2012 as well as dt. 26.08.2010 are set aside. The petitioner is, accordingly, acquitted of the aforesaid offence.