Amitav Kumar Gupta, J. - (1.) THIS Criminal Revision Application has been directed against the order dated 4.4.2014, passed by the learned Additional Sessions Judge -II, East Singhbhum, Jamshedpur in Cr. Appeal No. 14 of 2013, whereby and where under the conviction of the petitioner was affirmed under Section 138 of the Negotiable Instruments Act with modification of the sentence to the extent to undergo simple imprisonment for 15 days and payment of compensation of Rs. 45,000/ -, preferred by the petitioner against the order of conviction and sentence dated 13.12.2012, passed by the learned Judicial Magistrate 1st Class, Jamshedpur in C/1 Case No. 802 of 2011 corresponding to T.R. Case No. 198 of 2012. The brief facts of the complainants' case is that on the request of the petitioner, Rajesh Kumar Sinha the complainant/O.P. No. 2 had given friendly loan amounting to Rs. 1,00,000/ - to the petitioner on 30.8.2010 on the agreement that the said amount would be paid by the petitioner to the complainant/O.P. No. 2 in five equal installments of Rs. 20,000/ - each; that in order to discharge the liability, the petitioner had issued two post -dated cheques bearing Nos. 05761 and 05762 both darted 30.12.2010 amounting to Rs. 20,000/ - each in favour of complainant/O.P. No. 2 with a request to deposit the same after due date and also assured to issue three more cheques of Rs. 20,000/ - each, but when the said cheques were presented before the Bank for encashment by O.P. No. 2, the said cheques were dishonoured by the Bank due to "Insufficient Fund" in the account of the drawer, whereafter O.P. No. 2 sent a legal notice on 5.2.2011 to the petitioner and subsequently a Complaint Case was filed, due to non -payment of cheque amount by the petitioner. After enquiry, cognizance was taken under Section 138 of the N.I. Act and the case was sent to the Court of Judicial Magistrate 1st Class, Jamshedpur for trial and disposal. The Judicial Magistrate 1st Class, Jamshedpur on the basis of the evidence and material available on record, found the petitioner guilty for the offence under Section 138 of N.I. Act and sentenced him to undergo simple imprisonment (S.I.) for 45 days and also ordered to pay Rs. 45,000/ - as compensation to the complainant/O.P. No. 2, whereafter the petitioner preferred an appeal before the learned Additional Sessions Judge -II, Jamshedpur in Cr. Appeal No. 14 of 2013 who passed the impugned order. Being aggrieved by the aforesaid order, the present Revision Application has been preferred by the petitioner.
(2.) LEARNED Counsel for the petitioner has submitted that good sense has prevailed between the parties and they have settled their disputes outside the Court and a joint compromise petition being I.A. No. 5652/2014 has been filed to that effect. The complainant O.P. No. 2 has now no grievance against the petitioner. It has further been submitted that the order dated 4.4.2014 passed by the learned Additional Sessions Judge - II, Jamshedpur in Cr. Appeal No. 14 of 2013 and order dated 13.12.2012 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in C/1 Case No. 802 of 2011 corresponding to T.R. Case No. 198 of 2012 may be quashed in view of the fact that the parties on their free will have compromised the case outside the Court. It has also been submitted that since the offence under Section 138 of the Negotiable Instruments Act, is compoundable in nature thus in view of the compromise the offence be allowed to be compounded. Learned Counsel for the O.P. No. 2 admitted that both the parties have amicably settled the dispute. It is also admitted that the complainant/O.P. No. 2 has no grievance against the petitioner and the offence be allowed to be compounded.
(3.) ADMITTEDLY O.P. No. 2, the complainant and the petitioner have resolved the dispute by amicably settling the matter and considering that the offence under Section 138 of the Negotiable Instruments Act is compoundable in nature as such, the compromise between the parties is accepted and the offence is allowed to be compounded. In the attending facts and circumstances of the case and for the ends of justice, the impugned order and judgment dated 13.12.2012 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in C/1 Case No. 802 of 2011 corresponding to T.R. No. 198 of 2012, as also the judgment dated 4.4.2014 passed by the learned Additional Sessions Judge - II, East Singhbhum, Jamshedpur in Cr. Appeal No. 14 of 2013, are hereby, set aside on the ground of the compromise arrived at between the parties. Consequently, the petitioner above named is acquitted of the accusation. The petitioner is on bail and he is discharged from the liabilities of his bail bond. In the result, the Cr. Revision application, as well as the aforesaid Interlocutory Application stands allowed and is hereby disposed of.;