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NARENDRA SINGH DHADDHA
Noor Mohammad – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This revision petition has been filed against the impugned judgment of conviction and order of sentence dated 30.5.2018 passed by Special Metropolitan Magistrate (NI Act Cases) No.12, Jaipur Metropolitan in Criminal Case No.598/2017 whereby the accused petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act (in short 'N.I. Act') and sentenced to undergo 6 months SI and fine of Rs.60,000/-; in default of payment thereof, he would undergo additional 2 months SI.
2. On appeal, the learned Appellate Court vide order dt.25.1.2019 confirmed the order passed by the trial court.
3. Heard the learned counsel for the parties.
4. It is submitted that a compromise has been taken place between the parties mentioning therein that the parties are going to compromise the matter. It shows that the parties want to compromise the matter before National Lok Adalat. It is further stated that accused-Noor Mohammad is paying Rs.15,000/- to the complainant and thereafter he will pay the outstanding amount within two months. The compromise has been filed by both the parties which is attested/verified by Registrar (Judicial) of this court. The parties are not intere
A compromise between parties in a case under Section 138 of the Negotiable Instruments Act can lead to the quashing of a conviction and acquittal of the accused.
A conviction under Section 138 of the Negotiable Instruments Act can be quashed upon the parties reaching a compromise, acknowledging the compoundable nature of the offence under Section 147.
Under Section 147 of the Negotiable Instruments Act, an offence under Section 138 is compoundable without court permission, allowing for acquittal upon parties reaching a compromise.
The court allowed the parties to compound the matter under Section 138, leading to the setting aside of the conviction and sentence.
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