SANDEEP MEHTA,J. - (1.) The instant revision has been preferred by the petitioner Kailash Sharma being aggrieved of the judgment dated 10.7.2017 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh in Cr. Appeal No. 34/2016 whereby while affirming the conviction of the petitioner under Section 138 N.I. Act recorded by learned Chief Judicial Magistrate, Hanumangarh dated 13.10.2016 the Appellate Court maintained the sentence of six months S.I. and a fine of Rs. 2,10,000/- and in default of payment of fine to further undergo one month S.I awarded to the petitioner by the trial court.
(2.) Learned counsel state at bar that the matter has been settled between the parties and the complainant has filed an application under Sect. 147 of the N.I. Act read with Section 320 Cr.P.C., 1973 for compounding the offence with the petitioner accused. Thus they urge that the revision petition may be allowed and the judgments under challenge should be set aside and the accused petitioner be acquitted of the charge under Section 138 N.I. Act. I have considered the arguments advanced by the learned counsel for the parties and have gone through the record. The petitioner was convicted by the trial court for the offence under section 138 of the N.I. Act and was sentenced to imprisonment of six months a fine of Rs. 2,10,000/- and his appeal was also rejected. He is in custody from 10.7.2017 i.e. for the last nearly twenty days. The complainant has filed an application under Sect. 147 of the N.I. Act read with Section 320 Cr.P.C., 1973 for compounding mentioning that he has received the entire due amount from the accused petitioner and that the petitioner may be acquitted from the charges while accepting the compromise.
(3.) In view of the facts narrated above, and as offence under section 138 of the N.I. Act is compoundable under section 147 of the N.I. Act, I am inclined to accept this revision.;