Leave granted.
Heard learned counsel for the parties.
The Trial Court convicted the appellant under Section 138 of the
Negotiable Instruments Act and sentenced him to undergo rigorous imprisonment for
a period of six months and to pay Rs.1,50,000/- by way of compensation. The said
order has been confirmed in appeal upon the matter being taken to the High Court in
revision. The present appeal has been filed by special leave.
During the pendency of this appeal, a compromise petition has been filed
in which the parties have sought permission to compound the offence. It has been
stated that a sum of Rupees three lakhs has been deposited in the Trial Court by the
accused which shall be permitted to be withdrawn by the complainant. In our view,
the compromise is lawful.
Accordingly, the appeal is allowed and conviction and sentence awarded
against the appellant are set aside in terms of the compromise.
[G.S. SINGHVI] New Delhi, March 20, 2009.