SUKHBEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the revisions are directed against the order dated 22. 11. 2001 passed by the Additional Sessions Judge No. 2, sriganganagar whereby the conviction of the accused Karam Chand for offence under Sec. 138 of the Negotiable Instruments Act awarded by the additional Chief Judicial Magistrate, Sriganganagar has been confirmed. The trial Court sentenced him to six months' rigorous imprisonment and to pay a fine of Rs. 1 lac. It was further directed that on depositing the amount of fine, a sum of Rs. 75,375/- shall be paid to be complainant Sukhbeer Singh as against compensation. The appellate Court instead of sending the accused to jail, has granted benefit of the provisions of Probation of offenders Act, on furnishing a personal bond in the sum of Rs. 10,000/- for keeping peace and not repeating the offence. Further direction has been given that the petitioner shall be entitled to the benefits of Probation of offenders Act only on depositing the amount of Rs. 75,375/ -. The learned sessions Judge has also awarded a cost of Rs. 25,000/- to be deposited against prosecution expenses.

(2.) IN S. B. Criminal Revision Petition No. 63/2002, Sukhbeer Singh vs. State of Rajasthan the complainant has challenged the order granting probation to the accused-respondent Karam Chand. In S. B. Criminal Revision petition No. 725/2001 the petitioner has challenged the order of conviction as well as the order directing to deposit Rs. 25,000/- as cost.

(3.) I have heard learned counsel for the parties and perused the impugned order. It is stated that the parties have compromised. The amount of Rs. 75,375/- has been paid to the complainant. No written compromise has been placed on record.