Nafe Singh vs The Fatehabad District Primary Co-operative Agriculture and Rural Development Bank Ltd.

Naresh Kumar Sanghi, J.—Challenge in this criminal revision petition is to the judgment dated 13.03.2014 passed by the learned Sessions Judge, Fatehabad, whereby the appeal filed by the petitioner challenging his conviction and sentence for the offence punishable u/s 138 of the Negotiable Instrument Act (for brevity "N.I. Act") recorded by the learned Sub Divisional Judicial Magistrate, Tohana, was dismissed.

Learned counsel for the petitioner submits that during the pendency of the criminal revision petition, better sense has prevailed and the cheque amount with interest and default amount were deposited with respondent No. 1 and now respondent No. 1 has no objection if the impugned judgments are set aside and the petitioner is acquitted of the charges levelled against the petitioner. He further submits that the offence punishable u/s 138 of the N.I. Act is compoundable as per the provisions contained in Section 147 of the N.I. Act.

In response to the notice issued by this Court, Sh. Jai Dev Manager, the Fatehabad District Primary Co-operative Agricultural and Rural Development Bank Ltd., Tohana, has put in appearance for respondent No. 1. His statement has been recorded separately by this Court in which he admitted the factum of compromise and the receipt of the cheque amount with interest and the default amount and, therefore, the bank has no objection if the impugned judgments of conviction and sentence passed by the learned courts below are set aside and the petitioner is acquitted of the charges levelled against him.

Learned counsel for the State has no objection if the impugned judgments of conviction and sentence are set aside in view of the compromise effected between the petitioner and respondent No. 1.

Heard.

During the pendency of the present criminal revision petition, better sense has prevailed and the cheque amount along with interest and the default amount have been paid to respondent No. 1, by the petitioner. The offence punishable u/s 138 of the N.I. Act is compoundable. As a sequel to the facts and circumstances of the case, the compromise so effected between the petitioner and respondent No. 1, and the provisions contained in Section 147 of the N.I. Act, this Court is of the considered opinion that the present petition deserves to be allowed. Accordingly, the present petition is allowed and the judgment dated 13.03.2014 passed by the learned Sessions Judge, Fatehabad and the judgment dated 21.02.2014 and the order of sentence dated 24.02.2012 passed by the learned Sub Divisional Judicial Magistrate, Tohana, are hereby set aside. Resultantly, the petitioner is acquitted of the charges levelled against him.