JUDGMENT :

Narendra Singh Dhaddha, J.

S.B. Criminal Misc. Application No. 64/2021:-

1. Heard.

Application is allowed for the reasons stated therein.

Delay in filing the revision petition is condoned.

S.B. Criminal Revision Petition No. 163/2021:-

2. This revision petition has been filed against the impugned judgment of conviction and order of sentence dated 25.03.2019 passed by the learned Special Judicial Magistrate (N.I. Act Cases) No. 2, Alwar (Raj.) in Criminal Case No. 23/21A/2018 whereby the accused petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act (in short "N.I. Act") for one year Simple Imprisonment and a fine of Rs. 4,20,000/- in default of payment of fine two months additional Simple Imprisonment was given and confirming the aforesaid judgment and order vide order dated 01.02.2020 by the learned District & Sessions Judge No. 3, Alwar in Criminal Appeal No. 40/2019 (89/19).

3. Heard the learned counsel for the parties.

4. It is submitted that a compromise has been arrived at between the parties and in lieu thereof, petitioner has paid the entire amount to complainant as per compromise and there is nothing to recover from the accused petitioner. The compromise has been filed which is taken on record. So, the revision petition may be allowed.

5. Hence, in view of the above, the revision petition deserves to be decided in the light of compromise entered between the parties as per Section 138 of N.I. Act. Amount has been paid to complainant-respondent No. 2 Yogendra Kumar Gupta as per agreement.

6. The revision petition preferred by the petitioner is allowed. The conviction of the petitioner as ordered by the trial court and confirmed by the Appellate Court is quashed and set aside. The petitioner is acquitted of the charges framed against him. Petitioner who is in custody, be set at liberty forthwith, if not required in any other case.