ASHOK KUMAR Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) By way of this revision, the petitioner complainant has approached this Court being aggrieved of the judgment dated 11.02.2013 passed by the learned Additional Sessions Judge, Parbatsar in appeal whereby, the learned appellate court rejected the appeal filed by the petitioner complainant and affirmed the judgment dated 29.03.2012 passed by the learned Judicial Magistrate (First Class), Nawa City in Criminal Case No. 73/2009, whereby the respondent accused was convicted for the offence under Section 138 of the N.I. Act and instead of straightaway sentencing him to imprisonment, the learned trial Judge extended the benefit of Probation of Offenders Act to the accused and also directed that the Demand Drafts deposited by him in the court towards the cheque amount and the interest accrued thereupon be handed over to the complainant.

(2.) Upon going through the judgment passed by the learned trial court, it is evident that the accused moved a compounding application before the trial court on 12.10.2011 annexing therewith cheque covering the due amount so as to repay the debt owed to the complainant and for closing the case through a compromise. The complainant opposed the application which was rejected and the cheque was returned to the accused. The accused filed a Misc. Petition No. 2590/2011 against such rejection. This Court, by order dated 05.12.2011, disposed of the misc. petition giving liberty to the accused to deposit two demand drafts for a sum of Rs. 1,00,000/- and Rs. 37,945/- respectively towards the cheque amount and the interest accruing thereupon at the rate of 10% per annum in the trial court. The complainant, however refused to accept the offer of the accused. The trial court, while deciding the case finally, held the accused guilty of the offence under Section 138 of the N.I. Act. Considering the fact that the accused had made a bona fide offer to repay the cheque amount with interest to the complainant, the trial court, directed that the demand drafts be handed over to the complainant after being renewed and simultaneously, extended benefit of Section 4 of the Probation of Offenders Act to the accused. The complainant did not rest satisfied with the said judgment and challenged it by filing an appeal which came to be rejected by the learned Additional Sessions Judge by judgment dated 11.02.2013. Now, he has approached this Court by way of the instant revision petition.

(3.) Shri Mohnani, learned counsel representing the petitioner vehemently contends that as the accused virtually confessed his guilt by depositing the cheque amount in the trial court. Thus, as per him, the courts below committed grave error in extending the benefit of Probation of Offenders Act to the accused. He urges that the judgments passed by the courts below should be set aside as being illegal and the accused be sentenced appropriately for the offence under Section 138 of the N.I. Act.