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KULDEEP MATHUR
Shyam Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - The instant revision petition is barred by limitation from 404 days. For the reasons mentioned in the application under Section 5 of the LIMITATION ACT and also looking to the fact that the parties have arrived at a compromise and settled their dispute, the application seeking condonation of delay is accepted. The delay in filing the revision petition is condoned.
2. The petitioner has approached this Court for challenging the judgment dated 30.05.2022 passed by the learned Additional Sessions Judge No.1, Sri. Ganganagar in Criminal Appeal No.06/2021 affirming the judgment dated 27.01.2021 passed by the learned Special Judicial Magistrate (NI Act Cases) No.2, Sri. Ganganagar in Criminal Regular Case No.381/2016, whereby, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to one year simple imprisonment and further ordered to pay compensation to the tune of Rs. 5,00,000/- to the complainant.
3. 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
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.
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.
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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