Prakash vs Thakurdas

Applicant has preferred this revision petition under Section 397 read with Section 401 of 'the code' against the judgment dated 20/09/2018 passed by Fourth Additional Sessions Judge, Ratlam in Cri. Appeal No.26/2016 whereby the learned appellate Court has confirmed the conviction and sentence of offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for brevity 'the Act') recorded in Criminal Case No.4003/2013, vide judgment dated 14/01/2016 passed by Judicial Magistrate First Class, Ratlam.

Both the parties have resolved their dispute and they have filed compromise application which is verified by Principal Registrar of this Bench. As per the report of the Principal Registrar, both the parties have entered into compromise voluntarily, without any threat, pressure, inducement and coercion.

In virtue of this compromise, the present revision petition is hereby allowed, the conviction and sentence passed by the Courts below against the applicant Prakash for the offence punishable under Section 138 of 'the Act' is set aside and he has been acquitted from the aforesaid charges, subject to depositing 15% of the cheque amount before the trial Court within a period of 30 days from today.

With the aforesaid directions, Cr. R. No.27/2020 stands allowed. Record of the trial Court as well as the appellate Court be returned back along with the copy of this order.

Certified copy, as per Rules.