ORDER :

Farjand Ali, J.

The petitioner has approached this Court for challenging the judgment dated 04.02.2016 passed by the learned Additional Sessions Judge (Women Atrocities Act), Udaipur in Criminal Appeal No.53/2015 (CIS No. 1249/2015) affirming the judgment dated 05.12.2014 passed by the learned Special Judicial Magistrate (NI Act Cases) No. 1, Udaipur in Regular Criminal Case No.1125/2012 whereby, the petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and was sentenced to three months simple imprisonment and further ordered to pay compensation to the tune of Rs.35,000/- to the complainant.

2. 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 convicted and sentenced by the learned trial Court. The judgment of conviction was assailed by the petitioner by way of filing a criminal appeal but the same has been dismissed vide judgment dated 04.02.2016, hence the present revision petition has been filed.

3. The parties have entered into a compromise and have settled the dispute amicably. Copy of Compromise deed dated 25.02.2020 has been placed on record. Parties have resolved the dispute since the petitioner has paid the due amount satisfying the respondent-claimant. As per section 147 of the N.I. Act, an offence under section 138 of the N.I. Act is compoundable without taking permission of the court. Thus, it is jointly prayed that the judgment of conviction as well as the order of appeal be quashed and set aside.

4. Heard learned counsel for the parties. Perused the material available on record and gone through both the judgments as well as the compromise deed wherein it is recited that the parties have resolved their dispute amicably and the complainant does not wish to continue the proceedings.

5. In view of the compromise arrived at between the parties and the statutory provision in this regard, the revision petition is allowed. The judgment of conviction and order of sentence dated 05.12.2014 passed by the learned Special Judicial Magistrate (NI Act Cases) No. 1, Udaipur in Regular Criminal Case No.1125/2012 and the judgment in appeal dated 04.02.2016 passed by the learned Additional Sessions Judge (Women Atrocities Act), Udaipur in Cr. Appeal No.53/2015 (CIS No. 1249/2015) are quashed and set aside. The accused is acquitted from the charges.

6. The bail bonds of the petitioner are discharged.

7. The stay petition also stands disposed of.