Kajal Trading Company and Another vs Dhoop Singh and Another

Ram Chand Gupta, J.—The present revision petition has been filed against judgment dated 16.8.2013 passed by learned Sessions Judge, Jind, dismissing appeal filed by present petitioners-accused against judgment dated 6.2.2012 passed by learned Special Judicial Magistrate, Kurukshetra vide which petitioner was convicted for offence u/s 138 of the Negotiable Instruments Act, 1881 (for short the ''Act'') and sentenced to undergo rigorous imprisonment for a period of one year and six months alongwith compensation of Rs. 2,50,000/- and in case of default of payment of compensation to further undergo simple imprisonment for a period of three months. During pendency of the present revision petition, an application was filed on behalf of the petitioners that dispute has since been settled between the parties and that he is ready to make the payment of cheque amount in question, i.e., Rs. 2,18,000/- as per compromise, in view of the legal proposition settled by Hon''ble Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H.,

On notice being issued to the said application, respondent-complainant appeared and filed an affidavit that he has received Rs. 2,18,000/- as full and final settlement from petitioners-accused and that he is having no objection if the present revision petition is accepted and petitioner is acquitted.

On the direction of this Court vide order dated 10.9.2013, 10% of the amount of the cheque, i.e., a sum of Rs. 21,800/- has already been deposited by the petitioner-accused with the Registry of this Court. Receipt of the same has been attached with the file.

Hence, in view of the legal proposition settled by Hon''ble Apex Court in Damodar S. Prabhu''s case (supra), as the dispute has since been settled between the parties, requisite permission to compound the offence is granted to petitioners-accused.

In view of these facts, the present revision petition is accepted. Judgment of conviction passed by learned trial Court and affirmed by learned appellate Court is set aside. Petitioners-accused is hereby acquitted for the offence u/s 138 of the Act read with Section 142 of the Act. Copy of this order be sent to the concerned Chief Judicial Magistrate for strict compliance.