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2008(2) Crimes 584 (Raj.)
SHORT NOTE
RAJASTHAN HIGH COURT
G.S. Sarraf, J.
Shareef Mohd.—Petitioner
versus
State of Rajasthan and Anr.—Respondents
S.B. Criminal Revision Petition No. 892 of 2007
Decided on 20.8.2007
Counsel for the Parties:
For the Petitioner:Mr. Nawab Ali Rathore, Advocate.
For the State: Mr. Shyam Arya, P.P.
For the Respondent No. 2:Mr. N.K. Sharma, Advocate.
IMPORTANT POINT
Offence of dishonour of cheque was compoundable.
Headnote:Negotiable Instruments Act, 1881—Section 138 and 147—Offence of dishonour of cheque—Compounding—Petitioner-accused convicted under and sentenced imprisonment with fine by courts below—Revision—Matter compromised between parties—Offence was compoundable—Petitioner was entitled to be acquitted in terms of compromise.
Held: The offence under Section 138 of the Act has been made compoundable under Section 147 of the Act.
Since the matter has been compounded, the petitioner deserves to be acquitted.
Consequently, the revision petition is allowed, the impugned judgment as also the judgment dated 14.2.2006 passed by the trial Court are set aside and the petitioner Shareef Mohammad is acquitted of the offence under Section 138 of the Act. The petitioner is in jail, therefore, he be set at liberty at once if not required in any other case.(Paras 3 to 5)
Result: Petition allowed.
