ORDER :

Farjand Ali, J.

The instant criminal revision petition under Section 397 /401 Cr.P.C has been preferred by the petitioner against the judgment dated 13.05.2022 passed by the learned Additional Sessions Judge, Banswara Camp Kushalgarh in Criminal Appeal No.20/2018, whereby the learned appellate court affirmed the judgment dated 04.04.2018 passed by the learned Additional Chief Judicial Magistrate, Kushalgarh, District Banswara in Criminal Regular Case No.842/2015 convicting the petitioner for the offence under section 138 of the NI Act and sentencing him to undergo simple imprisonment of one year along with a fine of Rs.5,00,000/- with default sentence of one month's additional simple imprisonment.

2. An application has been filed for placing on record a compromise deed executed between the petitioner and the complainant. It is recited in the compromise deed dated 03.09.2023 that the entire due amount has been paid to the complainant and nothing remains to be paid to him. It is further submitted that the petitioner has been convicted under section 138 of the NI Act, which is compoundable in nature and as the parties have arrived at compromise, thus nothing survives for consideration in this revision petition, therefore, the judgments passed by both the courts below may be quashed and set aside.

3. Heard counsel for the petitioner as well as learned counsel for the complainant and learned Public Prosecutor, perused the compromise dated 03.09.2023 and record available before the Court.

4. The parties have arrived at a compromise and the same has already been placed on record, as per which, the complainant-respondent has received entire amount towards the cheque in question. There is no outstanding amount or any dispute regarding payment is pending between the parties. It is also mentioned in the compromise deed that the parties shall get the revision petition pending before this court disposed of.

5. Upon consideration of the submissions made above and on perusal of the material available on record, this Court deems it fit to allow the instant Criminal Revision in terms of the aforesaid memo of compromise.

6. Accordingly, the instant Criminal Revision is allowed. The judgment of conviction and order of sentence dated 04.04.2018 passed by the learned Additional Chief Judicial Magistrate, Kushalgarh, District Banswara in Criminal Regular Case No.842/2015 and the judgment dated 13.05.2022 passed by the learned Additional Sessions Judge, Banswara Camp Kushalgarh in Criminal Appeal No.20/2018 are hereby quashed and set aside and the petitioner-accused is acquitted from the charge for the offence punishable under section 138 of NI Act. He shall be released from prison forthwith, if not wanted in any other case.

7. All Pending applications, including the application for taking the compromise on record, shall stand disposed of.