MAHAVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision petition under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short, "the Code") is directed against the judgment and order dated 16. 8. 2005 passed by the Additional sessions Judge, Gulabpura, district Bhilwara (for short, "the Appellate court" hereinafter) in Criminal Appeal No. 8 of 2004, dismissing the appeal filed by the petitioner against the judgment and order dated 30. 1. 2004 passed by the Additional Chief Judicial Magistrate, Gulabpura (for short, "the Trial Court" hereinafter) in Criminal Case No. 169 of 2001, by which the Trial Court convicted the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the Act") and sentenced him to undergo two months simple imprisonment and a fine of Rs. 67,000/-and in default of payment of fine further to undergo two months simple imprisonment.

(2.) COMPLAINANT-RESPONDENT No. 2 Gyan Chand appeared before this court and filed an application seeking permission to compound the offence punishable under Sec. 138 of the Act. The complainant-respondent No. 2 has also filed a compromise. The compromise has been verified by the deputy Registrar (Judicial) of this Court today. The complainant has been identified by his counsel Mr. Chaitaniya Gehlot.

(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.