SBCr.RP NO.253/2008. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R Kishore Singh Vs. State of Rajasthan and another S.B. CRIMINAL REVISION PETITION NO.253/2008. Date of order : 18/3/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sunil Kumar Jain for the accused-petitioner. Shri Shyam Arya, Public Prosecutor for the State. Miss Anita Jain for the complainant. Gopal Singh, complainant is present in person. ****** BY THE COURT:- Under challenge in this revision petition is the judgment dated 21/11/2007 passed by the learned Additional Sessions Judge (Fast Track) No.7, Jaipur whereby appeal of the petitioner was dismissed and the judgment dated 19/7/2007 passed by the learned Additional Chief Judicial Magistrate No.9, Jaipur City, Jaipur convicting him for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, the "Act") and sentencing with six months rigorous imprisonment with fine of Rs.1 lac was maintained. Complainant Gopal Singh is present before the court with his counsel Ms.Anita Jain both of whom stated that the matter has been compromised between the parties and an affidavit to this effect has been filed before the court by the complainant. In the affidavit, complainant has stated that he does not SBCr.RP NO.253/2008. 2 want the legal proceedings to proceed further against the petitioner. Learned counsel for the petitioner placed reliance on the judgment of this court in Shareef Mohammad Vs. State and another : WLC (UC) 2008 89 in which under the similar circumstances, conviction of the accused for offence u/S.138 of the Act was set- aside on the basis of compromise arrived at between the parties. Having regard to the facts of the case, I find that the offence u/S.138 of the Act has been made compoundable by Section 147 of the said Act and since the compromise has been arrived at between the parties the said offence deserves to be compounded. In the result, this criminal revision petition is allowed and the order dated 21/11/2007 passed by the learned Additional Sessions Judge (Fast Track) No.7, Jaipur as well as the order dated 19/7/2007 passed by the learned Additional Chief Judicial Magistrate No.9, Jaipur City, Jaipur are set- aside. The accused-petitioner is ordered to be acquitted of the charge for offence u/S.138 of the Negotiable Instruments Act, 1881. (MOHAMMAD RAFIQ), J. anil/-