1. This Revision is directed against the judgment and order dated 21.7.2011 passed by the learned 4th learned Civil Judge and Additional Chief Judicial Magistrate, Surendranagar, whereby the petitioner has been convicted for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and ordered to pay the petitioner to pay Rs.6000/- by way of compensation, to the original complainant. The same order is passed on 21.7.2011 in Criminal Case No.1331 of 2010. Feeling aggrieved by the said order, the petitioner challenged the same before the Sessions Court. The learned 3rd Additional Sessions Judge, Surendranagar confirmed the said order by passing order dated 10.1.2012 in Criminal Appeal No.35 of 2011.
2. The learned advocate appearing for the petitioner, has submitted that the dispute between the parties have been amicably settled with the intervention of family members. He has further submitted that the petitioner has paid the loan amount and he has filed compromise pursis. The petitioner also stated in the compromise pursis, it is stated therein that since the amount is recovered, the complainant does not want to continue with the criminal proceedings against the petitioner. The said compromise pursis is ordered to be taken on record.
3. I have given anxious consideration to the case and also the plea put forward for seeking permission for compromise.
4. Considering the totality of the facts in the background of the settled legal position, I allow the parties to compromise their issue. Thus, the Revision is partly allowed. The impugned judgment and order dated 21.7.2011 passed by the 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surendranagar, in Criminal Case No.1331 of 2010 and order dated 10.1.2012 passed by the 3rd Additional Sessions Judge, , Surendranagar in Criminal Appeal No.35 of 2011 are modified in view of the compromise arrived at between the parties.
5. In view of the above, the Revision is partly allowed. The conviction recorded by the Courts below of the accused are confirmed. However, so far as the sentence part is concerned, the same is modified to the extent that the sentence already undergone by the accused shall be treated to be sufficient sentence, in view of the compromise arrived at between the parties. The petitioner is in jail, therefore, the Jail Authority is directed to release the petitioner if she is not required for any other offence. She is produced with police escort before this Court and she is directed to surrender first before the Jail Authority and the Jail Authority is directed to release the petitioner.
The complainant is permitted to withdraw the amount of compensation. Rest of the judgment of the Courts below shall remain unaltered. Bail bonds, if any, stands cancelled. R and P, if lying with this Court, be sent back to the court below forthwith. Rule is made absolute to the aforesaid extent. Direct service today is permitted.
(Z.K.SAIYED, J.) ynvyas Top