IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1968 OF 2008 (Arising out of S.L.P. (Crl.) No.8786 of 2008)

(Crl.M.P. No.19463/2008)

Suryakant Johari     ...Petitioner(s)

Versus

Madanlal Chhaganlal     ...Respondent(s)

O  R  D  E  R

Delay condoned.

Leave granted.

Heard learned counsel appearing on behalf of the parties.

The sole appellant was convicted by the Trial Court under Section 138 of

the Negotiable Instruments Act, 1881, and sentenced to undergo simple imprisonment

for a period of three months and to pay fine of Rupee five thousand; in default, to

undergo further imprisonment for a period of three months.  Further direction was

given for payment of compensation to the tune of Rs.1,83,229/- to the complainant.

The said order was confirmed in appeal and the High Court dismissed the revision

application against the appellate order.  Hence, this appeal by special leave.

...2/-

- 2 -  

Today, both the parties have filed a joint petition of compromise.  Let the

same be taken on record.  We find compromise is lawful and permission is granted to

the parties to compound the offence.   

Accordingly,  the  appeal  is  allowed,  conviction  and  sentence  of  the

appellant is set aside in terms of the compromise.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, December 04, 2008.