- (1.) Challenge in this criminal revision petition is to the judgment, dated 21.11.2015, passed by learned Sessions Judge, Ferozepur, whereby the appeal filed by the petitioner challenging his conviction and sentence for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for brevity N.I. Act), recorded by learned Chief Judicial CRR-4803-2015 Magistrate, Ferozepur, was dismissed.
(2.) At the very outset, learned counsel for the petitioner submits that during the pendency of the present petition, the better sense has prevailed and both the factions have resolved their dispute and effected a compromise. He further submits that as a sequel to the said compromise, the due amount has been paid to the respondent/complainant. He further submits that the offence punishable under Section 138 of N.I. Act, is compoundable in view of the provisions contained in Section 147 of the NI Act.
(3.) Mr. Piyush Sharma, Advocate, representing respondent No. 1 and learned counsel for the State very fairly concede that by virtue of Section 147 of N.I. Act, the offence punishable under Section 138 of N.I. Act, can be permitted to be compounded by this Court while exercising the revisional jurisdiction. Mr. Piyush Sharma, Advocate, representing respondent No. 1, further concedes that the respondent/complainant has sorted out his dispute with the petitioner and has no objection if the judgments passed by both the Courts below are set aside, and the petitioner is acquitted of the charge levelled against him.;