MOHAMMAD ABDUL RAYOUF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision under Sec. 397/401 of Code of the Criminal Procedure (for short 'the Code' hereinafter) is directed against the judgment and (order dated 19. 1. 2006 passed by Sessions Judge, merta (for short 'the appellate Court' hereinafter) in Criminal Appeal No. 05 of 2004 whereby the appellate Court dismissed the appeal filed by the petitioner against the judgment and order dated 31. 1. 2004, passed by learned Additional Chief Judicial Magistrate, Merta City (for short 'the Trial court' hereinafter) in Criminal Case No. 29 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' hereinafter ). The complainant non-petitioner Sanjeev Choudhary Ramkaran appeared before this court and filed an application seeking permission to compound the offence punishable under Sec. 138 of the Act as also compromise stating therein that the complainant-non-petitioner has compounded the offence with the petitioner. The compromise has been verified by the Deputy Registrar, judicial today. The complainant has been identified by his counsel Mr. I. R. Choudhary. In the application compounding the offence it has been stated that a sum of Rs. 5000/- has been deposited by the petitioner in the instant case in the Court of Additional Chief Judicial Magistrate, Merta on 14. 2. 2006 and a sum of Rs. 40,000/- has been paid to the complainant by the petitioner in cash. Thus, a total sum of Rs. 45,000/- is said to have been paid by the petitioner to the complainant. Learned counsel for the petitioner submits that Rs. 5000/- deposited by the petitioner vide Book no. 047105 Receipt No. 0017 may be paid to the non-petitioner.

(2.) 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.

(3.) SEC. 320 of the Code of Criminal Procedure (for short 'the Code' hereinafter) provides compounding of offence. Sub-sec. (6) of Sec. 320 of the Code provides that a High Court or Court of session acting in the exercise of its powers of revision under Sec. 401 may allow any person to compound any offence which such person is competent to compound under this Section. The complainant-non-petitioner is permitted to compound the offence under Sec. 138 of the Act. The effect of composition of the offence as envisaged under sub-sec. (8) of Sec. 320 of the Code is that it shall have an effect of an acquittal of the accused with whom the offence has been compounded. In the instant case, the complainant-non-petitioner is competent to compound the offence and has compounded the offence.