1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B.CRIMINAL REVISION PETITION NO.615/2009 (Jagdish Prasad Garg & Anr. Vs. Santosh Agarwal & Anr.) S.B.CRIMINAL REVISION PETITION UNDER SECTION 397 READ WITH SECTION 401 CR.P.C. ***** DATE OF ORDER : 26th MAY,2009 HON'BLE MR.JUSTICE S.P.PATHAK Mr.J.P.Gupta, for the petitioners Mr.N.R.Saran, Public Prosecutor Mr.L.L.Gupta, for the respondent BY THE COURT: This criminal revision petition has been filed against the judgment and order dated 13.4.2009 passed by the Addl. District & Sessions Judge (Fast Track) No.1, Jaipur City, Jaipur in Cr.Appeal No.73/2009 (Jagdish Prasad Garg & Anr. vs. Santosh Agarwal & Anr.), whereby the appeal preferred by the petitioners has been dismissed confirming the order of conviction and sentence dated 6.2.2009 passed by the Addl. Chief Judicial Magistrate No.8, Jaipur City, Jaipur in Cr.Complaint No.2386/2003. At the request of the learned counsel for the parties, the matter has been taken up for final disposal. Facts for disposal of the present revision petition are 2 that non-petitioners filed a complaint under section 138 of the Negotiable Instruments Act (in short to be referred as the N.I. Act) in the trial court in relation to a cheque which was dishonored amounting to Rs.3,46,000/-. The learned trial court after hearing both sides and on completion of trial, convicted and sentenced the accused vide judgment and order dated 6.2.2009 (Cr.Case No.2386/2003 – Santosh Agarwal & Anr. vs. Jagdish Prasad Garg & Anr.). The accused petitioners filed an appeal No.73/2009, which came to be decided by the learned Addl. Sessions Judge (Fast Track) No.1, Jaipur City Jaipur on 13.4.2009, whereby the appeal preferred was dismissed. Hence this revision petition has been filed. The learned counsel for the parties submitted that matter has been compromised. It is submitted that as per the terms and conditions of the compromise arrived at between the parties, the amount which was deposited in the trial court shall be received by the complainant and the complainant and the accused both have agreed to withdraw the cases filed by them against each other and the civil suit filed by the petitioner has already been withdrawn. The learned counsel has placed reliance on the decision rendered by this court in the case of Ami Lal vs. Mahavir Prasad Surendra Mohan reported in 2005(5) W.L.C Page 32, wherein this Court in the interest of justice in the facts and circumstances of the case set aside the orders passed by the courts below with the direction to the trial court to refund the amount, which was deposited in the trial court by the accused as he is having no objection in this regard. It has been observed 3 that Section 147 of the Act also permits that notwithstanding anything contained in the Code of Criminal Procedure, every offence punishable under this Act shall be compoundable. After having considered the submissions made before me and also taking into consideration the provisions of section 147 of the N.I.Act and also taking into consideration the provisions of Section 320 of the Code of Criminal Procedure and in view of the decision rendered in the case of Ami Lal(supra) without making much discussion, I deem it proper to allow this revision petition. Consequently, the revision petition is allowed. The impugned judgment and order dated 13.4.2009 passed by the Addl. District & Sessions Judge (Fast Track) No.1, Jaipur City, Jaipur in Cr.Appeal No.73/2009 (Jagdish Prasad Gard & Anr. vs. Stantosh Agarwal & Anr.) as also the order dated 6.2.2009 passed by the Addl. Chief Judicial Magistrate No.8, Jaipur City, Jaipur in Cr.complaint Case No.2386/2003 are hereby set aside. The petitioner stands acquitted of the charge framed against him of the offence under Section 138 of the N.I.Act, 1981. He is already on bail. He need not surrender bail bonds. It is further direction to the trial court to refund the amount to the complainant deposited in the case by the accused petitioners after moving an application in this regard. (S.P.PATHAK) J. BKS/-