ORDER

1. This revision under section 397/401 of the Code of Criminal has been filed by the applicants being aggrieved by order dated 31.12.2018 passed by the Second Additional Sessions Judge, Waraseoni in Criminal Revision No.95/2016 whereby the order of Additional Chief Judicial Magistrate, Waraseoni dated 01.12.2016 has been set aside.

2. As per applicants the order passed by the trail Court has been perversely set aside by the lower revisional court because it failed to understand that when compromise has already been made under section 138 of the Negotiable Instruments Act (for short "NI Act"), the direction for registration of a criminal case in respect of same transaction, is abuse of process of Court.

3. In brief, the facts of the case are that respondent filed a criminal case under section 420, 467, 468, 471, 34 of the Indian Penal Code on the ground that applicants have entered into sale agreement in respect of certain agricultural lands, which could not be materialized, due to mortgage and sale of such lands to other persons. The respondent filed a complaint under section 138 of N.I. Act, which was subsequently compromised, as stated earlier. The Additional Chief Judicial Ma