SHIVSWAMI TUBEWEL BOREWELL NAGWARA Vs. KISHAN KRISHI YANTRALAYA

JUDGEMENT

(1.) The instant criminal revision petition under Sec. 397/401 Cr.P.C. has been preferred by the petitioner against the judgment dtd. 13/5/2022 passed by the learned Additional Sessions Judge, Banswara Camp Kushalgarh in Criminal Appeal No. 20/2018, whereby the learned Appellate Court affirmed the judgment dtd. 4/4/2018 passed by the learned Additional Chief Judicial Magistrate, Kushalgarh, District Banswara in Criminal Regular Case No. 842/2015 convicting the petitioner for the offence under Sec. 138 of the N.I. Act and sentencing him to undergo simple imprisonment of one year along with a fine of Rs.5,00,000.00 with default sentence of one month's additional simple imprisonment.

(2.) An application has been filed for placing on record a compromise deed executed between the petitioner and the complainant. It is recited in the compromise deed dtd. 3/9/2023 that the entire due amount has been paid to the complainant and nothing remains to be paid to him. It is further submitted that the petitioner has been convicted under Sec. 138 of the N.I. Act, which is compoundable in nature and as the parties have arrived at compromise, thus nothing survives for consideration in this revision petition, therefore, the judgments passed by both the Courts below may be quashed and set aside.

(3.) Heard Counsel for the petitioner as well as learned Counsel for the complainant and learned Public Prosecutor, perused the compromise dtd. 3/9/2023 and record available before the Court.