ORDER :

1. Heard Mr. Afaque Rashid, the learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Tarun Kumar, the learned counsel appearing on behalf of Opposite Party No.2.

3. This criminal revision petition is directed against the Judgment dated 27.07.2012 passed by the learned District & Additional Sessions Judge-cum-Special Judge, Land Acquisition, Hazaribag in Criminal Appeal No. 216/2011 whereby and whereunder the learned appellate court confirmed the conviction of the petitioner under Section 138 of the Indian Penal Code, but modified the sentence of the petitioner to Simple Imprisonment for 06 months and to pay compensation of Rs.1,11,000/- to the Complainant within 03 months under Section 357(3) of Cr.P.C. and in default of payment of the compensation, directed the learned trial court to ensure recovery of the same in accordance with law.

4. The learned trial court vide Judgment of conviction and the order of sentence dated 17.10.2011 passed by the learned Judicial Magistrate, 1st Class, Hazaribag in Complaint Case No.1519/2009 (T.R. No. 933/2011) had convicted the petitioner for the offence under Section 138 of the Negotiable Instruments Act and had sentenced him to undergo Simple Imprisonment for one year and to pay fine of Rs.10,000/- and in default of payment of the fine, to undergo Simple Imprisonment for further two months.

5. Learned counsel appearing for the petitioner submitted that the petitioner has filed an affidavit before this Court annexing copy of Demand Draft No.001290 dated 19.07.2021 of Rs. 1,11,000/- issued in favour of the Opposite Party No.2. He submitted that the petitioner is ready to compromise the dispute by payment of the compensation amount to the Opposite Party No.2 through the aforesaid demand draft. He submitted that if the aforesaid demand draft is acceptable to the Opposite Party No.2, then appropriate order may be passed in the present case in connection with the compromise.

6. Learned counsel appearing on behalf of Opposite Party No.2 submitted that he has taken specific instruction from his client that his client is ready to accept the aforesaid amount of Rs. 1,11,000/- by way of compromise and he has also taken instruction from his client that the demand draft be handed over to him, so that it may be transmitted to his client. He submitted that as per the instruction of his client, he has no objection, if the conviction as well as the sentence of the petitioner is set aside in view of the compromise which is acceptable to the Opposite Party No.2.

7. After hearing the learned counsel for the parties, this Court finds that the present case arises out of conviction of the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 and the involved cheque in the present case was for an amount of Rs. 1,11,000/-.

8. This Court further finds that the petitioner as well as the Opposite Party No.2 has now entered into a compromise and the petitioner has already filed a copy of the demand draft of Rs. 1,11,000/- issued in favour of the Opposite Party No.2 and the Opposite Party No.2 is ready to accept the same and has also no objection, if the conviction as well as the sentence of the petitioner is set aside.

9. Considering the aforesaid facts and circumstance of the case and in view of the compromise reached between the parties, the Judgment dated 27.07.2012 passed by the learned District & Additional Sessions Judge-cum-Special Judge, Land Acquisition, Hazaribag in Criminal Appeal No. 216/2011 and also the Judgment dated 17.10.2011 passed by the learned Judicial Magistrate, 1st Class, Hazaribag in Complaint Case No. 1519/2009 (T.R. No. 933/2011) are set aside.

10. The petitioner is acquitted from the accusation under Section 138 of the Negotiable Instruments Act, 1881 and he is discharged from the liability of his bail bond.

11. The learned counsel for the petitioner is directed to hand over the demand draft of Rs. 1,11,000/- to the learned counsel appearing on beha