2013 Supreme(Raj) 2304

RAJASTHAN HIGH COURT
Nirmaljit Kaur, J.
Gurmukh Singh - Appellant
Versus
State of Rajasthan & Anr. - Respondent
S.B. Criminal Revision Petition No. 202 of 2011.
Decided On : 16-12-2013

The central legal point established in the judgment is that the compoundability of the offence under the Negotiable Instrument Act and the compromise between the parties can lead to the acquittal of the accused.

Headnote:

Compoundable Offence - Negotiable Instrument Act - The court allowed the revision petition and acquitted the petitioner of the offence under Section 138 of the Negotiable Instrument Act based on the compromise between the parties, as the said offence is compoundable under Section 147 of the Act.

Fact of the Case:

The petitioner appealed against the judgment convicting and sentencing them for the offence under Section 138 of the Negotiable Instrument Act. The matter was compromised, and both parties agreed to the petitioner's acquittal.

Finding of the Court:

The court allowed the revision petition and set aside the judgments dated 2.2.2011 and 17.4.2007, acquitting the petitioner based on the compromise between the parties.

Issues: The issue revolved around the compoundability of the offence under Section 138 of the Negotiable Instrument Act and the effect of the compromise between the parties.

Ratio Decidendi: The court relied on Section 147 of the Negotiable Instrument Act, which states that every offence punishable under the Act shall be compoundable, and based its decision on the compromise between the parties.

Final Decision: The court allowed the revision petition, set aside the previous judgments, and acquitted the petitioner of the offence under Section 138 of the Negotiable Instrument Act.