- (1.) THE petitioners have preferred this criminal revision under Sections 397 and 401 of the Code of Criminal procedure for setting aside the judgment impugned dated 18. 6. 2007 whereby and where under the Additional Judicial Commissioner XVIth, Ranchi, in Cr. Appeal No. 131 of 2006 confirmed the judgment passed by Sri. Rajendra Kumar Sinha 1st Class judicial Magistrate, Ranchi in complaint case No. 633 of 2002 convicting the petitioners for the charge under Section 138 of the negotiable Instruments Act and sentenced each of them to undergo simple imprisonment for a period of one year and jointly to pay a sum of Rs. 2,75,000 as compensation to the opposite party No. 2 Sardar Pritam singh Chhabra under provisions of Section 357 of the Code of Criminal Procedure.
(2.) DURING pendency of this criminal revision an interlocutory application No. 1985 of 2007 was filed on behalf of the petitioners stating therein that on account of intervention of close relatives and friends both the parties compromised the case outside the court and the petitioners paid the compensation amount, agreed upon between the parties to the opposite party No. 2. It was further stated that Section 147 of the Negotiable Instruments Act rendered offence under Section 138 of the Negotiable Instruments Act compoundable, as such, it was submitted that the compromise be recorded and Cr. Rev. No. 795 of 2007 be disposed off by acquitting the petitioners from the charges.
(3.) IN I. A. No. 329 of 2008, which was filed on 4. 2. 2008, the petitioners and the opposite party No. 2 jointly submitted that the parties as aforesaid, compromised the matter outside the Court with the intervention of their well-wishers and common friends and the petitioners paid the entire amount of compensation to the opposite party No. 2 and in lieu of such payment, opposite party no. 2 issued money receipt dated 15. 9. 2007. Xerox copy of the instrument of compromise duly executed by the petitioners and the OP no. 2 herein was filed with the I. A. No. 1985 of 2007 as Annexure-I. It was stated on behalf of the complainant/opposite party No. 2 that in the event, the petitioner being taken into custody, they would suffer irreparable loss and injuries and the complainant/opposite party No. 2 now did not want that the petitioners should suffer loss any more and he had no longer any grievance against the petitioners. It was jointly prayed to allow the compromise petition. In support of their contentions the petitioners Sardar balwant Singh Balwant Singh and Sardar harjeet Singh filed the affidavits sworn on 4. 2. 2008, with their signatures being duly identified by the Advocate's clerk. Similarly, the opposite party No. 2 Sardar Pritam singh Chhabra also sworn affidavit in support of the contention of the compromise petition and his signature was also identified.;