GAJRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant criminal revision petition under Sec. 397/401 Crpc, petitioner has challenged the judgment dated 31. 3. 2005 passed by the Additional Sessions Judge No. 1. Sri Ganganagar (for short, "the Appellate Court" hereinafter) in Criminal Appeal No. 59 of 2004, by which the appeal filed by the petitioner has been dismissed and affirmed the judgment and order dated 10. 6. 2004 passed by the Additional Chief judicial Magistrate, Sri Ganganagar (for short, "the Trial Court" hereinafter) in Criminal Case No. 363 of 2001, by which the Trial Court convicted the petitioner for the offence under Sec. 138 of the Negotiable Instrument act, 1881 (for short, "the Act") and sentenced him to six months' simple imprisonment and a fine of Rs. 20,000/- and in default of payment of fine further to undergo one months simple imprisonment.

(2.) TODAY, complainant-respondent Mahendra Bagdi appeared before this court and filed a compromise compounding the offence punishable under sec. 138 of the Act duly signed by him and counsel for the petitioner. Complainant-respondent has been identified by his counsel Shri D. S. Shekhawat. The compromise has been verified by the Deputy Registrar (Judicial) of this Court. The complainant is present in the Court and admits composition of the offence and seeks permission for composition of the offence.

(3.) SEC. 147 of the Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable.