SANTOSH KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these criminal revision petitions under Sec. 397 and 401 Cr.P.C. have been filed against the order dated 22.2.2008 passed by the Sessions Judge, Hanumangarh (for short "the Appellate Court" hereinafter) in Criminal Appeals No. 42 of 2005 and 43 of 2005 respectively, whereby the appeals filed by the petitioners have been partly allowed and while maintaining the conviction of the petitioners for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') passed by the Additional Chief Judicial Magistrate, Hanumangarh (for short, "the Trial Court" hereinafter), Appellate Court reduced the sentence of imprisonment and the fine.

(2.) TODAY , complainant-respondent No. 2 Satish Kumar and accused-petitioners appeared before this Court and filed a compromise compounding the offence punishable under Sec. 138 of the Act. The parties have been identified by their respective counsel. The compromise has been verified by the Registrar (Adm.). Both the compromises are supported by the affidavits of the parties wherein the complainant-respondent No. 2 has stated that he has entered into a compromise with the petitioners and received the money of cheques in question and now there is no dispute between the parties. Likewise, the petitioners have also filed the affidavits stating therein that they have entered into a compromise with the complainant -respondent No. 2 and paid the cheques amount to the complaint-respondent No. 2.

(3.) SEC . 320 of the Code of Criminal Procedure (for short, "the Code" here inafter) provides compounding of offence. Sub-sec. (5) of Sec. 320 of the Code provides that when the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court of which he has been committed or as the case may be, before which the appeal is to be heard. Sub-sec. (6) of Sec. 320 of the Code provides that a High Court or Court of Sessions acting in the exercise of its power of revision under Sec. 401 may allow any person to compound offence which such person is competent to compound under this Section. Sub-sec. (7) of Sec. 320 of the Code provides that no offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence. Sub-sec. (8) of Sec. 320 of the Code provides that the composition of an offence under this section shall have an effect of an acquittal of the accused pith whom the offence has been compounded.