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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.