CRLMP2037/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.2037/2010 Kayyum Bhai and Another Vs. Ram Sharan Joshi Date of Order ::: 01.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Subhash Bisawa Dadhich, Counsel for petitioners Shri N.C. Sharma, Counsel for respondent #### By the Court:- Petitioners have filed this petition against order dated 19.02.2010 of Special Judicial Magistrate (N.I. Act Cases) No.1, Jaipur City, Jaipur in Case No.1066/2009 (481/2008), which was affirmed by Additional District and Sessions No.7, Jaipur City, Jaipur in Criminal Appeal No.10/2010 (34/2010) (248/2010) vide order dated 21.06.2010. Learned trial court convicted accused-petitioner for offence under Section 138 of Negotiable Instruments Act, 1881, and sentenced him to undergo one year simple imprisonment with fine of Rs.1,70,000/-; in default of payment of fine, to further undergo three months simple imprisonment. Learned counsel for petitioners has argued that the matter has been compromised between the parties and pursuant thereto entire due amount has been paid by the petitioners to complainant- respondent. Complainant-respondent, who is CRLMP2037/2010 // 2 // represented by counsel, has not disputed this fact. It is contended that entire due amount has been paid to the complainant. The offence under Section 138 of the Negotiable Instruments Act, 1881, is compoundable. Matter has been compromised between parties. Compromise dated 20.07.2010, executed on ten rupees non-judicial stamp paper, has been placed on record of this petition. The compromise is duly attested by the Notary and signatures of the parties have been identified by their respective counsel. Accused-petitioner has paid entire due amount to complainant-respondent. 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- petitioners are acquitted of offence under Section 138 of Negotiable Instruments Act, 1881. Petition is allowed. Impugned orders dated 19.02.2010 and 21.06.2010 are quashed and set-aside and petitioners are 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//