Cr.M.P.No.592 of 2008 15.09.2008Present: Mr. Inderjit Singh, Advocate, for the applicant-petitioner. Mr. Neeraj Gupta, Advocate, for the respondent. Cr.M.P.No.592 of 2008 Respondent-complainant filed a complaint, under section 138 of the Negotiable Instrument Act, to enforce the debt liability against the applicant- petitioner, as the cheque issued in favour of the respondent-complainant for a sum of Rs.2,00,000/-(rupees two lacs) was bounced. The two courts below have concurrently held against the petitioner and he was convicted and sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.1,000/-. In default of payment of fine, petitioner was to further undergo simple imprisonment for two months. The respondent-complainant was also awarded a compensation amounting to Rs.2,00,000/- (rupees two lacs). The petitioner failed to deposit the amount of compensation, consequently, was to lodge in to jail to serve out the sentence. The petitioner assailed the judgment of conviction and sentence passed by the learned Sessions Judge in this revision petition. During the pendency of this revision petition, the parties have compromised the matter and the petitioner has paid the compensation amount to the respondent, which has been accepted without any prejudice to his right in pending suit for recovery. The copy of the receipt, acknowledging the amount of Rs.2,00,000/-(rupees two lacs), is appended with this application. Learned counsel for the respondent-claimant admits the payment as alleged. Learned counsel for the petitioner, by means of the instant application has sought permission of this court to compound the offence. In view of the aforesaid facts, the application is allowed and permission is granted on agreed terms of parties as indicated in the receipt of payment of Rs.2,00,000/- (Rupees Two lacs) that it shall be without prejudice to the right of the respondent-claimant in Civil suit No.115-1 of 2005, pending in the court of learned Civil Judge (Senior Division) Court No.1 Shimla. The application stands disposed of. Criminal Revision No.113 of 2007 In view of the order passed in the application Cr.M.P.No.592 of 2008, the judgment of conviction and sentence passed by the trial court and affirmed by the learned Additional Sessions Judge is set aside. Consequently, the petitioner is acquitted of the offence under section 138 of the Negotiable Instrument Act, in view of the compromise, allowed by this court. Warrant of release of the petitioner be issued forthwith. The matter stands disposed of. Cr.M.P.No.396 of 2007 Infructuous. Copy Dasti on usual charges. Sept. 15,2008 (Surinder Singh),J. (D)