VIVEK GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) An application (1292/2010) has been submitted before this Court. Along with the application, a compromise entered between the accused petitioner and the complainant has also been placed before this Court. Both the parties are also present before this Court; they have been identified by their respective counsel. According to the compromise, the complainant agrees that he has been paid an amount of Rs. 7,00,000/- by the accused. Therefore, he does not wish to pursue any criminal proceeding against the accused petitioner.

(2.) Recently the Hon'ble Supreme Court has observed that considering the large number of cases under Section 138 Negotiable Instrument Act, the Court should encourage compounding of offence. For, the spirit of Section 138 of the Act is not so much as to punish the accused, but is more so to ensure that the amount owed by the accused is realized by the complainant. In the present case, since the amount has already been realized by the complainant, this application for compounding of the offence is, hereby, allowed.

(3.) Since the parties have entered into an agreement, since the amount has already been paid by the petitioner, Vivek Gupta, to respondent No.2, Mr. Ashok Mittal, this Court quashes and sets aside the judgment dated 20.04.2009 passed by the Additional Civil Judge (Junior Division) and Judicial Magistrate, No.11, Jaipur City, Jaipur and judgment dated 20.11.2010 passed by the Additional Sessions Judge No.7, Jaipur City, Jaipur (Raj.). Petitioner is acquitted of offence under Section 138 of N.I. Act.