Full Judgment
1. Heard learned counsel for the parties.
2. A joint application has been filed by the accused-petitioner as well as complainant-Respondent No. 2 for acquittal of the accused-petitioner on the basis of compromise arrived at between the parties. Both the parties were present in person yesterday i.e. 25.07.2011. The file was sent to Deputy Registrar(Judicial) of this Court for verification and attestation of the compromise. The compromise is duly signed by the parties and their respective counsel. The compromise has been attested by Deputy Registrar(Judicial) of this Court on 25.07.2011.
3. The accused-petitioner was convicted and sentenced under Section 138 of the Negotiable Instruments Act, 1881 to one year's simple imprisonment and a fine of Rs. 5,00,000/-, in default of payment of fine, to further undergo one month's simple imprisonment vide judgment and order dated 31.07.1998 passed by Additional Civil Judge(Junior Division) and Judicial Magistrate No. 8, Jaipur City, Jaipur. Being aggrieved with the order of conviction and sentence, the petitioner preferred an appeal, but the same was dismissed by the appellate court vide judgment and order dated 27.11.1999 by modifying the order of sentence of the petitioner. The period of imprisonment of the petitioner was reduced from one year's simple imprisonment to nine months' rigorous imprisonment with fine of Rs. 5,00,000/- and on deposit of fine, it was directed that a sum of Rs. 4,75,000/- be paid to the complainant. Thereafter, this revision petition was preferred by the petitioner.
4. During pendency of this revision petition, both the parties have entered into a compromise. As per Section 147 of the Negotiable Instruments Act, 1881, offence under Section 138 of the Negotiable Instruments Act, 1881 is compoundable. Since, offence in compoundable and both the parties have entered into a compromise, therefore, joint application filed by both the parties is allowed. Orders of conviction and sentence passed by both the courts below against the petitioner are set aside. Petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881.
5. Revision petition is, accordingly, disposed off in the manner, as stated above.