The court can set aside the sentence of imprisonment based on a compromise between the parties and the relevant provisions of the NI Act and legal precedents.

JUDGMENT

1. An application has been filed by the learned counsel for the appellant for condoning the delay under Section 5 of the Limitation Act, of filing Criminal Revision petition.

2. For the reasons mentioned in the application. The application is allowed, the delay in filing Criminal Revision Petition is hereby condoned.

3. The matter is taken up today itself.

4. This revision petition has been filed against the judgment dated 31.08.2019 passed by the learned Addl. Sessions Judge No.5, Jodhpur Metro in criminal appeal No.225/2018 whereby the appeal of the petitioner has been dismissed and the judgment dated 07.05.2018 passed by the learned Addl. Civil Judge Cum Metropolitan Magistrate No.9, Jodhpur Metro in Cr. Original CaseNo.918/2015 for offence under Section 138 N.I. Act has been affirmed and the petitioner sentenced to undergo one year's simple imprisonment along with fine in the sum of Rs.3,30,000/-.

5. Counsel for the petitioner submits that during the pendency of the revision petition, the petitioner and complainant-respondent No.2 have entered into a compromise in the spirit of Lok Adalat and the respondent No.2 has received all the amount from the petitioner and does not want to proceed in the matter. The photostat copy of the compromise dated 31.03.2021 has been passed over to this Court during the course of argument, which shall be formed part of the record. It is stated that since the parties have entered into compromise and amicably settled their dispute, therefore, the sentence of imprisonment awarded to the petitioner may be set aside.

6. Counsel for the respondent No.2 concurs the fact of compromise dated 31.03.2021 arrived between the parties.

7. Having considered the facts and circumstances of the case, since the parties have settled the dispute and complainant respondent No.2 has accepted the sum towards full and final settlement of dispute on the satisfaction of the complainant and in the light of provisions of Section 147 of NI Act and in view of law laid down by the Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663, the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside.

8. Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgment dated 31.08.2019 and 07.05.2018 are hereby set aside on the basis of the aforesaid compromise.

9. The revision petition is disposed of.

10. Application for suspension of sentence is also disposed of accordingly.