KAN SINGH Vs. BHIM SINGH

JUDGEMENT

(1.) This criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 (for short, the Code hereinafter) is directed against the judgment dated 24-2-2006 passed by the Additional Sessions Jduge, Nathdwara (for short, the Appellate Court hereinafter) in Criminal Appeal No. 24/2004, whereby the appeal filed by the petitioner against the judgment and order dated 27-11-2004 passed by the Additional Chief Judicial Magistrate, Nathdwara (for short, the trial Court hereinafter) in Criminal Case No. 115/2001 was dismissed and the conviction and sentence passed by the trial Court against the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, the Act hereinafter) was affirmed. Aggrieved by the judgment and order impugned, the petitioner has filed the instant revision.

(2.) Complainant Bhim Singh has filed applications being S.B. Criminal Misc. Application No. 226/2006 and 227/2006 seeking permission to compound the offence as also the compromise. In the compromise, complainant Bhim Singh, who has been identified by his counsel Mr. Balu Singh, has stated that he has received the cheque amount from the petitioner and now nothing is due to be recovered from the petitioner and voluntarily he has compromised the matter with the petitioner.

(3.) Petitioner is represented by his counsel Mr. B.S.Deora. Complainant/non-petitioner submits that he has received the sum of Rs. 2,00,000/-, which according to the impugned order appears to be the cheque amount. The offence under Section 138 of the Act is compoundable under Section 147 of the Act. Section 147 of the Act reads as under:-