Rajendra Prasad Joshi vs Bal Kishan @ Balkrishan Sharma and Another

Mahesh Bhagwati, J.—This order governs the disposal of criminal revision petition filed u/s 397 of Cr.P.C. wherein the order dated 17th November, 2009 rendered by Additional Sessions Judge (Fast Track) No. 5, Jaipur City, Jaipur has been impugned.

Heard learned Counsel for the parties and perused the relevant material on record including the impugned order.

Having considered the submissions made at the bar, it is noticed that in appeal, the learned Additional Sessions Judge convicted the accused revisionist in the offence u/s 138 of N.I. Act and sentenced to rigorous imprisonment for one year with a fine of Rs. 2,00,000/- (Rs. Two Lac); in default of payment of fine, to further suffer three months'' simple imprisonment. It was also directed that the amount of Rs. 2,00,000/- so deposited by the accused revisionist shall be paid to the complainant by way of compensation.

Learned Counsel for the parties have come forward and contended that both the parties have compromised in the offence u/s 138 of NI Act and this offence is compoundable u/s 147 of the Act. The accused has been in custody and serving out the sentence, but the complainant is present in the Court, and counsel for both the parties are present. The compound petition is found to have been filed by both the parties. The contents of compound petition were read over to the counsel for the parties, who after hearing the same, found to be true and correct. Hence, the compound petition is attested.

In view of the compromise have taken place between the parties, the accused revisionist Rajendra Prasad Joshi, S/o late Shri Suraj Mal Joshi, by caste Brahmin, R/o Plot No. 18, Chandan Vihar Sirsi Road, Meenawala, Jaipur is acquitted of the offence u/s 138 of N.I. Act by way of compromise.

The petitioner has been in custody. If he is no more required in any other criminal case, he shall be set at liberty forthwith.