Offences under Section 138 of the Negotiable Instruments Act are compoundable under Section 147 of the same Act, allowing the court to quash conviction and sentence upon an amicable settlement between the parties.

Order

1. The revision petition is barred by 2255 days.

2. The matter comes upon an application (IA No.01/26) filed under Section 5 of the Limitation Act for condonation of delay occasioned in filing of the revision petition.

3. It it averred in the application that the delay occurred due to bona fide reasons, including lack of proper legal advice and circumstances beyond the petitioner’s control. Subsequently, the dispute has been amicably settled between the parties through a compromise. It is submitted that no useful purpose would be served by continuing the matter, and the delay deserves to be condoned in the interest of justice. Denial of condonation would cause irreparable loss to the petitioner, while no prejudice would be caused to the respondent. The delay so occasioned is bona fide, unintentional and attributable to official processing, and therefore deserves to be condoned in the interest of justice.

4. For the reason stated above, the application is allowed. The delay is hereby condoned. The revision petition be treated within limitation.

5. The matter comes up on another application (IA No.2/26) for early listing of the case.

6. For the reasons stated in the application, the same is allowed.

7. By filing the instant criminal revision petition, the petitioner is challenging the judgment dated 05.08.2019 passed by the learned Additional Sessions Judge, District Merta in Criminal Appeal No.33/2019 affirming the judgment dated 22.12.2016 passed by the learned Judicial Magistrate, Makrana, District Nagaur in Case No.107/2016, whereby, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment of two years’ and further ordered to pay a compensation of Rs.2,00,000/- and in default of payment of the compensation, further to undergo simple imprisonment of one month.

8. Briefly stated, 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 05.08.2019, hence the present revision petition has been filed.

9. The parties have entered into a compromise and have settled the dispute amicably. Copy of Compromise deed 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.

10. Heard learned counsel for the State. 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.

11. The petitioner on his own has donated Rs.20,000/- in 'Sona Manovikas Kendra’ run by Sona Viklang Punarwas Avam Shodh Sansthan, Bhilwara and receipt of the same has been place on record.

12. 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 22.12.2016 passed by the learned Judicial Magistrate, Makrana, District Naga