CRLRP944/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Revision Petition No.944/2010 Kishan Chand Gyanani Vs. Shailendra Kumar Sharma and State of Rajasthan Date of Order ::: 25.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri M.C. Jain, Counsel for petitioner Shri Vikran Chaudhary, Counsel for complainant- respondent No.1 Shri Piyush Kumar, PP for the State #### By the Court:- Petitioner has filed this revision petition against order dated 18.01.2010 of Additional Chief Judicial Magistrate No.10, Jaipur City, Jaipur, in Criminal Case No.1160/2006, which was affirmed by Additional Sessions Judge No.9, Jaipur City, Jaipur in Criminal Appeal No.10/2010 decided on 14.07.2010. Learned trial court convicted accused-petitioner for offence under Section 138 of Negotiable Instrument Act and sentenced him to undergo one year simple imprisonment with fine of Rs.1,40,000/-; in default of payment of fine, to further undergo one month simple imprisonment. Learned counsel for petitioner argued that petitioner has already remained behind bar for more than three months and matter has been compromised between parties and accused-petitioner has paid the entire payable amount to complainant. The offence under Section 138 of the Negotiable Instruments Act, CRLRP944/2010 // 2 // 1881, is compoundable. Learned counsel for complainant-respondent has also admitted the fact that alleged offence against petitioner has been compounded. The offence under Section 138 of the Negotiable Instruments Act, 1881, is compoundable. Petitioner has already remained behind bar for more than three months. Matter has been compromised between parties. Accused-petitioner has paid the entire payable amount to complainant. Learned counsel for complainant-respondent has also admitted the fact that alleged offence against petitioner has been compounded between the parties. Keeping in view aforesaid facts, accused- petitioner Kishan Chand Gyanani Son of Shri Lokumal Gyanani is acquitted of offence under Section 138 of Negotiable Instruments Act, 1881. Revision petition stands disposed of accordingly. Accused-petitioner is in Central Jail, Jaipur; he be set at liberty forthwith, if not required in any other case as he has been acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881, on the basis of compromise so arrived at between the parties. (Mohammad Rafiq) J. //Jaiman//