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FARJAND ALI
Rakesh Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
An application under Section 5 of the LIMITATION ACT has been preferred on behalf of the petitioner for condonation of delay.
2. For the reasons and grounds mentioned in the application, the same is allowed.
3. The delay of 146 days in filing the instant criminal revision petition is condoned.
4. Let the instant revision be treated within limitation.
5. The petitioner has approached this Court for challenging the judgment dated 10.01.2023 passed by the learned Additional Sessions Judge No.01, Sriganganagar in Cr. Appeal No.20/2019 (CIS No.208/2019) affirming the judgment dated 08.07.2019 passed by the learned Special Judicial Magistrate (NI Act Cases) No.1, Sriganganagar in Criminal Case No.520/2017 whereby, the petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and was sentenced to two years' simple imprisonment and further ordered to pay compensation to the tune of Rs.13,50,000/- to the complainant.
6. Briefly stated, that facts of the case are that the petitioner was prosecuted for committing an offence under section 138 of the Negotiable Instruments Act. After completion of trial, he was found guilty and thus, was con
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.
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.
Once a settlement is reached between the parties in a dishonoured cheque case, the offence under Section 138 of the Negotiable Instruments Act can be compounded, leading to acquittal.
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