JAS RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision under Sec. 397/401 of Code of Criminal Procedure (for short 'the Code' hereinafter) is directed against the judgment and order dated 5. 10. 2004 passed by Additional Sessions judge, No. 1, Jodhpur (for short 'the appellate Court' hereinafter) in criminal Appeal No. 54 of 2004 whereby the appellate Court dismissed the appeal filed by the petitioner against the judgment and order dated 25. 5. 2004 passed by Additional Chief Judicial Magistrate, Economic Offences, Jodhpur (for short 'the Trial Court' hereinafter) in Criminal Case No. 1025 of 2004 by which the Trial Court convicted the petitioner for the offence under Sec. 138 of the Negotiable Instrument Act, 1881 (for short 'the Act' hereinafter) and sentenced him to undergo one year's simple imprisonment and directed to pay a sum of Rs. 1,00,000/- as fine and in default of payment of fine further to undergo three month's simple imprisonment. Aggrieved by the order impugned, the petitioner has filed the instant revision petition.

(2.) DURING the pendency of the revision petition, complainant non- petitioner No 2 Dalpat Singh compromised the matter and compounded the offence on 6. 9. 2005. The complainant non- petitioner No. 2 has filed an application seeking permission to compound the offence punishable under sec. 138 of the Act. The complainant non-petitioner No. 2 has also filed a compromise. The compromise has been filed verified by the Deputy Registrar, Judicial. The complainant non-petitioner No. 2 has been identified by his counsel Mr. Mahaveer Vishnoi.

(3.) THE offence punishable under Sec. 138 of the Act is compoundable under Sec. 147 of the Act. 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.