IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1564 of 2009 PRADEEP KUMAR Versus THE STATE OF BIHAR & ANR ----------- 3 13.11.2009 Heard learned counsel for the petitioner and learned counsel appearing for opposite party no.2. This revision application has been filed against the judgment and order dated 6.6.2009 passed by Additional Sessions Judge IV, Patna in Cr.Appeal No. 122 of 2007 by which he has dismissed the appeal with modification by setting aside the conviction and sentence of the petitioner under section 406 of the Indian Penal Code and affirmed the conviction and sentence under section 138 of the N.I.Act passed by Sri V.K.Choudhary, Judicial Magistrate, 1st Class, Patna on 26.2.2007 in Complaint Case No. 415 © of 2003/Tr.No. 789 of 2007. Submission of learned counsel for the petitioner is that cheque issued by petitioner was bounced for which he has been convicted and sentenced by the trial court to undergo R.I. for two years and to pay cheque amount of Rs.128,862/- under section 138 of Negotiable Instrument Act. 2 Now the matter is reconciled and the petitioner became able to make payment and he issued demand draft for the said amount to the satisfaction of the complainant. Counsel for the complainant is also there to corroborate the submission. A compromise petition is also filed on behalf the parties showing payment to the satisfaction of the complainant. Learned counsel appearing for opposite party no.2 has supported the compromise and has submitted that now he has no grievance against the petitioner. After hearing learned counsel for the parties and taking into consideration the facts and circumstances of the case, the compromise petition is accepted and in view of the terms of the compromise, this revision application is allowed and the conviction and sentence of the petitioner is set aside. The petitioner, who is in custody, is directed to be released forthwith if not wanted in any case. (Mandhata Singh,J.) AI