BHUPENDRA KUMAR Vs. RAJENDRA KUMAR BHOBARIA AND ANOTHER

JUDGEMENT

(1.) This criminal revision u/s. 397/401 of Code of Criminal Procedure (for short 'the Code' hereinafter) is directed against the judgment and order dated 13.4.2005 passed by Special Judge, SC/ST (Prevention 'of Atrocities) Act Cases, Sri Ganganagar (for short 'the appellate Court' hereinafter) in Criminal Appeal No. 13/2005 whereby the appeal, filed by the petitioner against the judgment and order dated 14.7.2004 passed by Judicial Magistrate, Sri Ganganagar (for short 'the trial Court' hereinafter) in Criminal Case No. 507/2003 was partly allowed. While maintaining the conviction of the petitioner for the offence u/s. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act hereinafter), the appellate Court reduced the sentence of imprisonment from one year to six months simple imprisonment. However, confirmed the order awarding compensation of Rs. 1,40,000.00 in favour of respondent No. 1. Aggrieved by the judgment and order impugned, the petitioner has filed the instant criminal revision petition.

(2.) I have heard learned counsel for the petitioner and counsel appearing for the complainant-respondent No. 1. Perused the judgment and order impugned and the record of the trial Court.

(3.) Learned counsel for the respondent No. 1 has filed an application seeking compounding of the offence u/s. 138 of the Act. He has also filed a compromise arrived at between the parties wherein it has been stated that good sense prevailed between the parties and parties have compromised the matter. The amount of both the cheques has been paid to the complainant Rajendra Kumar in presence of the Panchayat. By an application, the respondent No. 1 seeks to compound the offence, wherein he has clearly stated that the matter has been compromised between the parties and there is no dispute with regard to the amount of both the cheques since the amount of both the cheques has been received by the respondent-complainant. It has also been stated that if the revision petition filed by the petitioner is allowed, the respondent-complainant has no objection.