RAKESH NATH Vs. KHINVRAJ SINGH RATHORE

JUDGEMENT

(1.) Accused-Petitioner has preferred this revision petition under Section 397/401 Cr. P. C. to challenge judgment dated 16th of August 2017, passed by Additional Sessions Judge No. 5, Jodhpur Metropolitan (for short, 'learned appellate Court'), whereby learned appellate Court has confirmed judgment dated 24th of September, 2016, rendered by Additional Chief Metropolitan Magistrate (Economic Offences) Jodhpur Metro, (for short, 'learned trial Court'). The learned trial Court, by its verdict dated 24th of September, 2016, 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. 1,00,000/-. The learned trial Court also ordered that out of the said amount a sum of Rs. 85,000/- be paid to the complainant as compensation. 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.) Mr. Gehlot, learned counsel for the petitioner, at the outset, submits that rival parties have sorted out their dispute. It is also argued by learned counsel that during pendency of revision, cheque amount of Rs. 75,000/-has been paid by petitioner to the complainant and the parties have entered into compromise. With all these positive assertions, 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.