CRRP954/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Revision Petition No.954/2010 Kishore Singh Rathore and Another Vs. State of Rajasthan through P.P. And Another Date of Order ::: 27.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Virendra Singh and Shri Udaiveer Singh, both sons of accused Kishore Singh, present with counsel Shri Dileep Singh Jadaun Shri Piyush Kumar, Public Prosecutor Complainant-respondent Smt. Urmila Sharma present with her counsel Shri Rajesh Sharma #### By the Court:- Petitioner has filed this revision petition against order dated 06.08.2008 of Additional Chief Judicial Magistrate, Ramganj Mandi, District Kota, in Criminal Case No.618/2005, which was affirmed by Additional Sessions, Ramganj Mandi, District Kota, in Criminal Appeal No.14/2008 decided on 06.08.2010. Learned trial court convicted accused-petitioner for offence under Section 138 of Negotiable Instruments Act, 1881, and sentenced him to undergo six months simple imprisonment with fine of Rs.1,00,000/-; 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 entire due amount has been paid by the petitioner to complainant-respondent. Complainant-respondent, who is present in court and represented by counsel, has not disputed this fact. It is contended that entire due CRRP954/2010 // 2 // amount has been paid to the complainant and that even otherwise petitioner is behind the bars for last three months. The offence under Section 138 of the Negotiable Instruments Act, 1881, is compoundable. The offence under Section 138 of the Negotiable Instruments Act, 1881, is compoundable. Petitioner has already remained behind bar for three months. Matter has been compromised between parties. 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- petitioner Kishore Singh Rathore Son of Shri Pratap Singh, Proprietor of Pratap Traders, R/o Ramganj Mandi, District Kota, is acquitted of offence under Section 138 of Negotiable Instruments Act, 1881. Revision petition stands disposed of accordingly. Accused-petitioner is in Jail, Ramganj Mandi, Kota; 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//