Shareef Mohammad vs The State of Rajasthan and Another

G.S. Sarraf, J.—The facts in brief are that by judgment dated 14.02.2006 passed by Additional Chief Judicial Magistrate, Malpura district Tonk the petitioner was convicted u/s 138 of the Negotiable Instruments Act (hereinafter referred to as the ''Act'') and he was sentenced to simple imprisonment for six months and to pay compensation of Rs.35,000/- to the respondent No.2 and in default of payment of the compensation further undergo simple imprisonment for six months. The petitioner filed an appeal against this judgment. Additional District and Sessions Judge, Malpura, district Tonk by judgment dated 09.08.2007 maintained the conviction of the petitioner u/s 138 of the Act, but reduced the sentence of imprisonment as also the sentence of imprisonment in default of payment of compensation from six months to three months. Aggrieved by this judgment the petitioner has filed this revision petition.

The complainant and his advocate Mr.N.K.Sharma are present in the court today and they state that the matter has been compromised and, therefore, the petitioner be acquitted. A written compromise has also been attested by Dy.Registrar (Judicial) wherein the complainant admits to have received the entire amount.

The offence u/s 138 of the Act has been made compoundable u/s 147 of the Act.

Since the matter has been compounded, the petitioner deserves to be acquitted.

Consequently, the revision petition is allowed, the impugned judgment as also the judgment dated 14.02.2006 passed by the trial court are set aside and the petitioner Shareef Mohammad is acquitted of the offence u/s 138 of the Act. The petitioner is in jail, therefore, he be set at liberty at once if not required in any other case.