TEK SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision has been preferred by the petitioner against the order dated 28.6.2014 passed by the learned Additional District and Sessions Judge No.3, Jodhpur Metropolitan in appeal whereby the order dated 28.10.2013 passed by the learned Additional Civil Judge (Jr.Div.) cum Metropolitan Magistrate No.8, Jodhpur Metropolitan convicting the petitioner for the offence under Section 138 of the N.I.Act and sentencing him to undergo six months' simple imprisonment and a fine of Rs.1,00,000/-, was upheld.

(2.) The petitioner did not surrender after the rejection of his appeal. An application has been moved on behalf of the petitioner seeking exemption from surrender in pursuance of the appellate court's order. It is mentioned in the application that subsequent to the appeal filed by the petitioner being rejected, the parties have settled the dispute and have filed a compromise application before this Court. It is further submitted that the offence of bouncing of cheque is more in the nature of quasi civil proceedings and as such, in view of the subsequent development i.e. compromised arrived at between the parties, the petitioner be exempted from surrendering pursuant to the dismissal of his appeal. It is further submitted that the offence is compoundable under Section 147 of the N.I.Act even without permission of the Court. Thus, the learned counsel prays that the compromise application be accepted and the accused be acquitted of the charge.

(3.) Having regard to the facts and circumstances of the case and considering the fact that the parties have settled the dispute and have compromised the matter, the prayer for exemption is accepted. The petitioner is permitted to pursue the revision without surrendering. The defect pointed out by the Office is overruled.