1. - The matter is listed today for disposal in the spirit of Lok Adalat.

2. This is a revision petition under section 397/401 CrPC against the judgment dated 11.04.2014 passed by Additional Sessions Judge, Rajsamand vide which the appeal of the present petitioner was dismissed and the judgment dated 06.10.2012 passed by Additional Chief Judicial Magistrate, Rajsamand, convicting and sentencing the petitioner for the offence punishable under section 138 of the Negotiable Instruments Act, was affirmed.

3. Learned counsel for the petitioner states that the cheque amount was Rs. 2,50,000/-. The total amount ordered to be paid by the trial court including the fine amount was Rs. 3,00,000/-, out of which, the petitioner has already deposited Rs. 1,75,000/-. He is ready to deposit another amount of Rs. 75,000/- in lieu of the dishonoured cheque before the trial court within two months from today.

4. Learned counsel for the respondent-complainant states that in case the petitioner pays Rs. 75,000/- towards the dishnoured cheque and compensation and the same is released to the respondent-complainant forthwith, he will have no objection if the revision petition is allowed and the petitioner is accordingly acquitted of the aforesaid offence.

5. 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."

6. In view of the statements made by the learned counsel for the parties, the petitioner is directed to deposit Rs. 75,000/- before the trial court within a period of two months from today. The said amount will be released to the respondent-complainant forthwith. It is made clear that the amount of Rs. 1,75,000/- deposited by the petitioner will be disbursed to the respondent-complainant if not already disbursed.

7. In view of the above, the revision petition is allowed and the impugned judgments dated 6.10.2012 and 11.04.2014 are set aside. The petitioner is, accordingly, acquitted of the aforesaid offence. It is however, clarified that in case the amount of Rs. 75,000/- is not deposited within the stipulated period, the present revision petition shall stand restored to its original number on an application moved by the respondent-complainant and the petitioner will be arrested forthwith to undergo remaining period of sentence.Petition Allowed.

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