A compromise between parties in Section 138 cases, with the complainant's no objection, allows for quashing of conviction and sentence.

ORDER :

Ganesh Ram Meena, J.

1. The instant criminal revision petition has been filed by the accused petitioner under Section 397 read with Section 401 Cr.P.C. for quashing and setting aside the judgment of conviction and sentence dated 20.01.2023 passed by the Court of learned Special Judicial Magistrate (N.I. Act Cases) No.02, Ajmer (for short ‘the learned trial court) in Regular Case No. 412/2017 by which the accused petitioner has been convicted for the offence under section 138 of the Negotiable Instruments Act and sentenced to one year Simple Imprisonment and also directed the accused petitioner to pay Rs.4,00,000/- as compensation under section 357(3) CrPC to the complainant and in default of payment of compensation, has been directed to undergo one month additional simple imprisonment, which has been affirmed vide judgment dated 19.11.2024 by the Court of learned Addl. Sessions Judge, No.2, Ajmer (for short ‘the learned Appellate Court’) in Criminal Appeal No.12/2023.

2. At the very outset, learned counsel appearing for the accused petitioner submits that both the parties have entered into a compromise through an agreement dated 07.01.2025 filed by the complainant/ respondent, which is duly notarized by the Notary Public, which is available on the record, in which it has been mentioned that he has received the complete amount from the accused petitioner. It has been further mentioned in the affidavit that neither any amount is due against the accused petitioner nor any dispute remains with him and he does not want to proceed further against the accused petitioner and wants to settle the matter amicably on the basis of the compromise.

3. In the affidavit dated 15.01.2025 also filed by the complainant it has been mentioned that if the judgment of conviction and sentence passed by the learned trial court which has been affirmed by the learned Appellate Court are quashed and set aside then he has no objection.

4. Both the learned counsels in support of their submissions have placed reliance upon the order dated 06.01.2025 passed by the Hon’ble Apex Court in case of Rajinder Singh Vs. Krishan Dutt, Criminal Appeal No.___ of 2025 (Arising out of SLP (Crl.) No.___ of 2025) (@ Diary No.41934/2024), which is reproduced as under:-

“Delay condoned.
Leave granted.

Heard learned counsel for the appellant.

On account of dishonor of cheque of Rs. 2,00,000/- (Rupees two lakh), proceedings under Section 138 of the Negotiable Instruments Act, 1881 were drawn against the appellant. The Additional Chief Judicial Magistrate vide its order dated 28.12.2021 convicted the appellant and sentenced him to undergo one year simple imprisonment and directed him to pay compensation of Rs. 4,00,000/- (Rupees four lakh). After the aforesaid judgment and order has attained finality, it appears that the parties entered into a compromise on 27.05.2024 whereunder the appellant undertook to pay a sum of Rs.4,00,000/-(Rupees four lakh), out of which Rs.2,00,000/-(Rupees two lakh) was deposited before the Trial Court and a sum of Rs.2,00,000/-(Rupees two lakh) was paid in cash to the first party on the date of the Compromise Deed itself. It was also agreed in the compromise that the first party will have no objection if the judgment of conviction and order of sentence against the appellant is set aside.

In pursuance to the aforesaid compromise, the amount of Rs.2,00,000/- (Rupees two lakh) deposited by the appellant before the Trial Court is said to have been released in favour of the first party and the balance amount of Rs. 2,00,000/-(Rupees two lakh) has also been paid.