INDRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision under Sec. 307/401 of Code of Criminal Procedure (for short 'the Code' hereinafter) is directed against the judgment and order dated 24. 10. 2005 passed by Additional Sessions judge, No. 1, Sri Ganganagar (for short 'the appellate Court' hereinafter) in Criminal Appeal No. 04 of 2005 whereby the appellate Court dismissed the appeal filed by the petitioner against the judgment and order dated 2. 9. 2004 passed by the Additional Chief Judicial Magistrate, Sri Ganganagar (for short 'the Trial Court' hereinafter) in Criminal Caste No. 174 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) and sentenced him to undergo one year simple imprisonment and directed to pay a sum ,of Rs. 1,55,000/- as fine, in default of payment of fine, further to undergo three months simple imprisonment. The complainant non-petitioner No. 2 Hanuman Prasad, proprietor of Firm Om Prakash sanwar Mal appeared before this Court and filed an application seeking permission to compound the offence punishable under Sec. 138 of the Act. The complainant non-petitioner No. 2 Hanuman Prasad has also filed a compromise. The compromise has been verified by the Deputy Registrar, Judicial today. The complainant has been identified by his counsel Mr. G. J. Gupta.

(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. Subs-sec. (8) of Sec. 320 of the Code provides that the composition of an offence under this section shall have an effect an acquittal of the accused with whom the offence has been compounded.