Ram Lal Kalbeliya @APPELLANT@Hash State of Rajasthan & Ors

This criminal revision petition has been filed with a delay of 379 days. An application under Section 5 of the Limitation Act has been filed with a

prayer for condoning the said delay.Â

For the reasons stated in the application under Section 5 of the Limitation Act, the same is allowed. The delay of 379 days in filing this criminal

revision petition is condoned.

This criminal revision petition under Section 397/401 Cr.P.C. has been preferred by the petitioner against the judgment dated 06.06.2017 passed by the

Additional Sessions Judge (Women Atrocities Cases), Udaipur (hereinafter referred to as 'the appellate court') in Criminal Appeal No.43/2017,

whereby the appellate court while affirming the order dated 21.08.2018 passed by the Special Judicial Magistrate (NI Act Cases) No.3, Udaipur

(hereinafter referred to as 'the trial court') has dismissed the appeal.

The trial court vide judgment dated 21.08.2018, has convicted the petitioner for the offence punishable under Section 138 Negotiable Instrument Act,

1881 and sentenced him to undergo two years’ simple imprisonment and to pay a fine of Rs.1,00,000/-.

Learned counsel for the petitioner has submitted that the parties have compromised the matter and a sum of Rs.56,000/has already been paid by the

petitioner to the respondent No.2 and, therefore, this criminal revision petition may kindly be decided on the basis of compromise.

Learned counsel for the petitioner has invited attention of this Court towards compromise-deed executed between the respondent No.2 and the

petitioner, which is placed on record.

Learned counsel appearing on behalf of the respondent No.2 has submitted that since the respondent No.2 has already received a sum of Rs.56,000/-,

he has no objection if this revision petition is allowed and the petitioner is acquitted for the aforesaid offence.

Section 147 Negotiable Instrument Act is as under:-

“Offences to be compoundable.â€"Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence

punishable under this Act shall be compoundableâ€​.

In view of the fact that the petitioner has paid a sum of Rs.56,000/- to the respondent No.2 and now they resolved their dispute amicably and the

respondent No.2 has no objection if the revision petition preferred by the petitioner is allowed and the petitioner is acquitted for the aforesaid offence.

Hence, this revision petition is allowed and the judgment dated 06.06.2017 passed by the Additional Sessions Judge (Women Atrocities Cases),

Udaipur as well as the order dated 21.08.2018 passed by the Special Judicial Magistrate (NI Act Cases) No.3, Udaipur are set aside. The petitioner is

accordingly acquitted from the offence punishable under Section 138 Negotiable Instrument Act, 1881. The petitioner is lodged in Central Jail,

Udaipur, he may be released forthwith if not required in any other case.