The main legal point established is that the court can accept a compromise and acquit the accused of a compoundable offence under Section 147 of the Negotiable Instrument Act.

1. (Oral) - This is revision petition under Section 397/401 of the Cr.P.C. against the Judgment dated 20.6.2006 passed by learned Additional Sessions Judge (Fast Track) No. 3, Bikaner whereby the appeal of the present petitioner was dismissed and Judgment dated 6.10.2005 passed by learned Civil Judge (J.D.) and Judicial Magistrate First Class, Nokha convicting and sentencing the petitioner for the offence under Section 138 of the Negotiable Instrument Act was affirmed.

2. Learned counsel for the petitioner states that the matter has been compromised.

3. The respondent-complainant No. 2 Surja Ram is present in the Court. It is admitted by the respondent that the matter has been compromised. He has got his statement recorded separately. In his statement, it is stated by him that the matter has been compromised and he has no objection, if the petitioner is acquitted of the charges.

4. Section 147 of the Negotiable Instrument Act reads as under:-

"147. Offences to be compoundable. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) every offence punishable under this Act shall be compoundable."

5. Thus, the offence is compoundable. This Court has no doubt that the matter has been compromised. The matter having been compromised, this Court has no inhibition in accepting the same.

6. In view of the statement of the learned counsel for the parties, the revision petition is allowed and the Judgments dated 24.08.2012 as well as dated 26.08.2010 are set aside. The petitioner is, accordingly, acquitted of the aforesaid offence.Petition allowed.

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