MANSA RAM Vs. PRATAP RAM

JUDGEMENT

(1.) Accused-Petitioner has preferred this revision petition under Section 397/401 Cr.P.C. to challenge judgment dated 22.03.2018 passed by Special Court, SC/ST (Prevention of Atrocities) Cases, Sirohi (for short, 'learned appellate Court') , whereby learned appellate Court has confirmed judgment dated 10.09.2015, rendered by Addl. Chief Judicial Magistrate, Sheoganj, District Sirohi (for short, 'learned trial Court') . The learned trial Court, by its verdict dated 10.09.2015, indicted accused-petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'Act') and handed down sentence of six months' simple imprisonment with fine of Rs.10, 000/- and in default of payment of fine to undergo fifteen days' simple imprisonment. Being aggrieved by the same, petitioner approached learned appellate Court but his that effort did not fructify to his advantage and the learned appellate Court dismissed his appeal. This sort of situation has necessitated filing of this revision petition.

(2.) Learned counsel for the petitioner submits that now rival parties have sorted out their dispute and compromise has been arrived at. With this positive assertion, learned counsel has urged that both the impugned judgments be annulled and sentence handed down by learned trial Court and confirmed by learned appellate Court be set aside.

(3.) Learned Public Prosecutor on the other hand submits that although offence under Section 138 of the Act is compoundable but after verdict of learned appellate Court, it may not be appropriate to grant indulgence to the petitioner.