ORDER

1. For the reasons mentioned in the application filed under Section 5 of the Limitation Act, the same is hereby allowed.

2. It is stated at the Bar that a compromise has been arrived at between the parties after the judgment dated 14.11.2019 passed by the appellate court whereby the judgment dated 10.09.2018 passed by the trial court has been affirmed.

It is borne out that the complainant-respondent is not inclined to proceed further in the matter.

3. Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Damodar S. Prabhu vs Sayed Babalal H [2010(5) SCC 66].

4. Having considered the facts and circumstances of the case, since the parties have settled the dispute and complainant respondent had accepted the sum towards full and final settlement of the cheque, 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. (supra), the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside. However, since the compromise has been arrived at after rejection of the ap