- (1.) It is stated that after conviction and dismissal of appeal, the matter has been settled between the parties. According to settlement, the amount deposited with the Court below is to be given to the complainant/s. It is in the light of the para No. 6 of revised compromise. Accordingly, prayer is made to compound the offence in the light of the settlement between the parties.
(2.) Learned counsel for the respondent/s has no objection to the aforesaid, however, a direction is sought that as per para No. 6 of revised compromise/settlement, amount deposited with the Court of Additional Chief Judicial Magistrate No. 3, Kota may be released in favour of the complainant.
(3.) After considering the submissions made by learned counsel and in the light of the revised compromise/settlement between the parties as well as judgment of Hon'ble Apex Court in the case of Damodar S. Prabhu v. Sayed Babalal H., 2010 AIR(SC) 1907 wherein it was held that offence under Section 138 of Negotiable Instruments Act, 1881 can be compounded in the light of the settlement between the parties, the impugned order of conviction is set aside and the Court below is directed to release the amount, so deposited, in favour of the complainant immediately on production of copy of this order.;