SHAREEF MOHAMMAD Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) THE facts in brief are that by judgment dt. 14.02.2006 passed by Additional Chief Judicial Magistrate, Malpura Distt. Tonk the petitioner was convicted under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ''Act '') and he was sentenced to simple imprisonment for six months and to pay compensation of Rs. 35,000/ - to the respondent 2 and in default of payment of the compensation further undergo simple imprisonment for six months. The petitioner filed an appeal against this judgment. Additional District and Sessions Judge, Malpura, Distt. Tonk by judgment dt. 09.08.2007 maintained the conviction of the petitioner under Section 138 of the Act, but reduced the sentence of imprisonment as also the sentence of imprisonment in default of payment of compensation from six months to three months. Aggrieved by this judgment the petitioner has filed this revision petition.

(2.) THE complainant and his advocate Mr. N.K. Sharma are present in the Court today and they state that the matter has been compromised and, therefore, the petitioner be acquitted. A written compromise has also been attested by Dy. Registrar (Judicial) wherein the complainant admits to have received the entire amount.

(3.) SINCE the matter has been compounded, the petitioner deserves to be acquitted.