IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION  

CRIMINAL APPEAL NO. 916   OF 2011

(Arising out of SLP(Crl.) No.7094/2009)

AMEER CHAND                               Appellant(s)

                    :VERSUS:

NIRMAL CHAND                              Respondent(s)

(With CRL.M.P. No....../2011)

O R D E R

The order dated 30.11.2010 passed by this Court is  

recalled.   

Leave granted. This  appeal  emanates  from  the  order  dated  

10.1.2008 passed by the High Court of Madhya Pradesh,  

Jabalpur Bench, in Criminal Revision No.1029 of 2005.  

The  appellant  was  convicted  under  Section  138  of  

Negotiable Instruments Act, 1881 and sentenced to one  

year imprisonment by judgment and order dated 19th July,  

2004  passed  by  the  Judicial  Magistrate,  First  Class,  

Rehli, in Criminal Case No.642/2003 which was affirmed by  

the Additional Sessions Judge, Rehli and the High Court.  

However, the sentence of the appellant was reduced by the  

High Court to six months only.  

-2-

It is submitted by the learned counsel for the  

complainant-respondent  that  the  entire  amount  due  and  

payable to the complainant has been deposited or paid to  

him during the pendency of this matter and he does not  

want  to  prosecute  this  case.  An  application  has  been  

filed for compounding the offence of the appellant under  

Section 138 of the Negotiable Instruments Act.   

We have heard the learned counsel for the parties.  

On consideration of the totality of the facts and  

circumstances of this case, we are of the view that ends  

of justice would meet if the impugned judgment is set  

aside and the offence of the appellant is compounded.  We  

order accordingly.   

The  complainant-respondent  is  permitted  to  

withdraw the amount deposited by the appellant in the  

Trial Court.  

The appeal is disposed of with the aforementioned  

observations and directions.  

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; April 8, 2011.