SBCR.REV.No.1052/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL REVISION PETITION NO.1052/2010. Vijaypal Keemti Vs. State of Rajasthan Date of order : 2/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Akshay Sharma for petitioner. Shri Peeyush Kumar, Public Prosecutor for State. Dr. Mahesh Sharma for the complainant. ****** BY THE COURT:- The instant criminal revision petition seeks quashing of impugned judgment and order of conviction and sentence dated 9/2/2009 passed by learned Additional Chief Judicial Magistrate Ramganjmandi, Kota in Criminal Case No.569/2002 convicting petitioner for offence u/S.138 of the Negotiable Instruments Act, 1881 and sentenced him with one year simple imprisonment along fine of Rs.1,50,000/-, in default of payment of which, to further undergo three months simple imprisonment as well as judgment of the appellate court of learned Additional Sessions Judge, Ramganjmandi, Kota passed in Appeal No.8/2009 dated 20/8/2010. Dr.Mahesh Sharma, learned counsel appearing for the complainant asserted that he has SBCR.REV.No.1052/10. 2 received cheque amount of Rs.75,000/-. Learned counsel for the parties are ad idem that in view of the compromise arrived at between the parties vide compromise dated 30/10/2010, the offence u/S.138 of the Negotiable Instruments Act, 1881 may be compounded and in support of their argument, they placed reliance on the judgment of Larger Bench of Apex Court in Damodar S.Prabhu Vs. Sayed Babalal H. : 2010 Cr.L.R. (SC) 493 in which Hon'ble Apex Court held the said offence compoundable in view of compromise arrived at between the parties. I have heard learned counsel for petitioner, learned Public Prosecutor for the State as well as learned counsel for the complainant and perused the material on record and the Larger Bench judgment of Hon'ble Apex Court in Damodar S.Prabhu supra. Thus, considering the facts and circumstances of the case, having regard to the compromise arrived at between the parties which is on record and the judgment of Hon'ble Apex Court in Damodar S.Prabhu supra, I deem it appropriate to held the offence u/S.138 of the Act of 1881 compoundable in view of compromise. In the result, this criminal revision petition is allowed, the offence u/S.138 of the SBCR.REV.No.1052/10. 3 Negotiable Instruments Act, 1881 is compounded and impugned judgment and order of conviction and sentence passed by learned trial court of Additional Chief Judicial Magistrate Ramganjmandi, Kota in Criminal Case No.569/2002 as well as judgment of the appellate court of learned Additional Sessions Judge, Ramganjmandi, Kota passed in Appeal No.8/2009 dated 20/8/2010 are set-aside. Consequently, petitioner is acquitted. Record be sent back to the court below forthwith. (MOHAMMAD RAFIQ), J. anil