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Judgment
Heard Ms Wanjari, Advocate for applicant, Mr. Agrawal,
Advocate for non applicant no.1 and Mr. A. D. Sobnak, A.P.P. for non
applicant no.2.
Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel for the parties.
The present applicant was convicted by the learned
Judicial Magistrate First Class, Bhadrawati in Summary Criminal
Complaint Case No.83/2005 for an offence punishable under Section
138 of the Negotiable Instruments Act. By the said order, the
applicant was directed to suffer rigorous imprisonment for one
month and to pay a fine of Rs.1,51,000/- and it was ordered that the
fine amount be given to the non applicant-complainant by way of
compensation.
Being aggrieved thereby, an appeal was carried before the
learned lower appellate Court. The appeal was registered as
Criminal Appeal No.4/2009. The learned Additional Sessions
Judged, Warora on 08.05.2017 dismissed the appeal and confirmed
the judgment and order of conviction.
Against these orders of convictions, the present revision
was filed. On 23.05.2017, notices were issued and the substantive
jail sentence was suspended by this Court.
During the pendency of the present revision, the
complainant-non applicant Rajeshkumnar and the present applicant
have arrived to an amicable settlement. Accordingly, an application
for compounding of the offence under Section 138 of the Negotiable
Instruments Act is filed today. The same is taken on record. It is
signed by the applicant, his counsel and non applicant no.1 through
his power of attorney holder and his counsel. Mr. Agrawal, learned
counsel for the non applicant has identified the power of attorney
holder of the non applicant no.1. It is also stated that the entire
amount of Rs.1,51,000/- is duly received by the non applicant.
The offence under Section 138 of the Negotiable
Instruments Act is a compoundable offence in view of provisions of
Section 147 of the Negotiable Instruments Act. Since the applicant
has paid the entire amount, I see no impediment in allowing the
compounding of the offence. Hence, the application filed today in
the Court is allowed. Consequently, the revision application is
allowed. The Judgment and order dated 31.01.2009 passed by
Judicial Magistrate First Class, Bhadrawati in Summary Criminal
Case No.83/2005 and judgment and order dated 08.05.2017 passed
by Additional Sessions Judge, Warora in Criminal Appeal No.4/2009
are quashed and set aside.
Rule is made absolute in the above terms.