Court allows review, restores SLP, permits compounding offense under Section 138, petitioner acquitted.

The Court allowed the review application, condoning the delay in filing, and recalled the order dismissing the SLP. The SLP was restored on file, and the petitioner was permitted to compound the offence under Section 138 of the Code. The petitioner was acquitted of the charge, and all related applications were disposed of accordingly.

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Issues:
1. Review and recall of the order dismissing the SLP
2. Delay in filing review application
3. Permission to compound the offence and acquit the petitioner

Issue 1: Review and recall of the order dismissing the SLP
The petitioner sought to review and recall the order dated September 11, 2008, which dismissed the SLP. The petitioner claimed that the amount payable to the complainant had been paid pursuant to a compromise between the parties. The petitioner filed various applications, including one to condone the delay in filing the review application and another to permit the compounding of the offence. Affidavits were submitted to support the claim of payment made to the complainant. The Court considered the documents and the compromise between the parties.

Issue 2: Delay in filing review application
The petitioner filed an application to condone the delay of 39 days in filing the review application. The Court allowed this application, condoning the delay and permitting the review petition to succeed. The order dismissing the SLP was recalled, and the SLP was restored on file with its original number.

Issue 3: Permission to compound the offence and acquit the petitioner
Considering the provisions of the Negotiable Instruments Act and the Code of Criminal Procedure, the Court opined that the petitioner should be allowed to compound the offence committed under Section 138 of the Code. The Court granted permission to produce additional documents, including affidavits supporting the compromise. The petitioner was permitted to compound the offence, and all previous convictions and sentences were set aside. The petitioner was acquitted of the charge, and all related applications were disposed of accordingly.

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