IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR Â S.B. Crl. Revision Petition No.167/2010 (Smt. Neeta Sharma Vs. Dharmendra Kumar & Anr.) AND Â S.B. Crl. Revision Petition No.766/2010 (Raju Ashwani Vs. Dharmendra Kumar & Anr.) Date of Order : 18.03.2010 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.D.K.Garg, for the petitioners. Mr.Laxman Meena, PP. Mr.J.P.Gupta, for the respondent(s). By the Court:
The petitioners were convicted and sentenced for offence under Section 138 of Negotiable Instruments Act, 1881. After conviction and dismissal of appeal, parties have now entered into compromise.
The non-petitioner has received full amount and he has no objection, if the offence is compounded in view of the provisions of Section 147 of the Negotiable Instruments Act.
Learned counsel for the petitioners has drawn my attention towards the judgment of the Hon’ble Apex Court in the case of K.M.Ibrahim Vs. K.P.Mohammed & Anr. reported in 2010 RCC (SC) 3 therein it is held that compromise after conviction is not barred.
In view of the compromise and joint application moved by the parties, the revision petitions filed by the petitioners are accepted.
The offence is compounded in view of the compromise. The order of conviction and sentence are accordingly set aside.
The Revision Petitions are allowed.
(M.N. BHANDARI),J.
Preety
Item NO.S-34 & S-3