GOPAL REGAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal revision petition under Section 397/401 Cr.P.C. has been preferred by the petitioner against the judgment dt. 13.06.2013 passed by Additional Sessions Judge Rajsamand (for short 'the appellate court' hereinafter) in Cr. Appeal No. 79/2013. The appellate Court, while affirming the order dt. 06.08.2012 passed by Chief Judicial Magistrate, Rajsamand (for short 'the trial court' hereinafter) has dismissed the appeal. The trial Court vide judgment dt. 06.08.2012 has convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instrument Act and sentenced him to undergo one year's simple imprisonment and to pay a fine of Rs. 1,20,000/-. Learned counsel for the petitioner states that the cheque amount was Rs. 80,000/-. The total amount ordered to be paid by the trial Court including the fine amount was Rs. 1,20,000/-, out of which, the petitioner had deposited a sum of Rs. 80,000/- in compliance of the order of this Court dt. 24.06.2013, which has been disbursed to the respondent-complainant in pursuance of the order of this Court dt. 30.10.2013. The learned counsel for the petitioner further states that the petitioner is ready to deposit another amount of Rs. 20,000/- in lieu of the dishonored cheque before the trial Court within two months from today.

(2.) Learned counsel for the respondent-complainant states that in case the petitioner pays Rs. 20,000/- towards the dishonored cheque and compensation and the same is released to the respondent-complainant forthwith, he will have no objection if the revision petition is allowed and the petitioner is accordingly acquitted of the aforesaid offence.

(3.) Section 147 of the Negotiable Instrument Act reads as under: