Court acquits petitioner in criminal revision petition under Section 138 of N.I. Act, imposes cost for non-compliance.

The criminal revision petition was filed challenging the conviction under Section 138 of the N.I. Act. The court allowed the petition, setting aside the impugned orders and acquitting the petitioner due to a compromise between the parties and payment made, as per Section 147 of the N.I. Act. Despite acquittal, the court directed the petitioner to deposit 15% of the cheque amount as cost within 15 days, failing which the Legal Services Authority would inform the court, following a Supreme Court judgment.

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Issues:
1. Conviction under Section 138 of the N.I. Act challenged.
2. Maintainability of the revision petition without surrender.
3. Compromise between parties and payment made.
4. Interpretation of Section 147 of the N.I. Act.
5. Judgment directing deposit of 15% of the cheque amount.

Issue 1: Conviction under Section 138 of the N.I. Act challenged
The petitioner filed a criminal revision petition against the order of conviction under Section 138 of the N.I. Act passed by the trial court, which was upheld by the appellate court. The petitioner argued that a compromise had been reached between the parties, and the entire amount due had been paid to the respondent No.2. Citing a previous judgment, the petitioner contended that the revision petition is maintainable even though surrender had not been made.

Issue 2: Maintainability of the revision petition without surrender
The petitioner's counsel relied on a co-ordinate Bench judgment, highlighting the distinction between "presentability" and "maintainability" of a petition. It was argued that the absence of a surrender certificate does not render the petition non-maintainable under the law. The court emphasized that the non-surrender of the appellant does not make the appeal or petition non-maintainable, but merely affects its presentability before the registry.

Issue 3: Compromise between parties and payment made
The respondent No.2 confirmed the compromise between the parties and the receipt of the due amount from the petitioner. Section 147 of the N.I. Act provides for the compoundability of offenses under the Act. Considering the compromise and payment, the court allowed the criminal revision petition, setting aside the impugned orders and acquitting the petitioner from the charge under Section 138 of the N.I. Act.

Issue 4: Interpretation of Section 147 of the N.I. Act
Section 147 of the N.I. Act states that every offense punishable under the Act is compoundable. In this case, the court considered the compromise between the parties and the payment made by the petitioner, leading to the acquittal from the charge under Section 138 of the N.I. Act.

Issue 5: Judgment directing deposit of 15% of the cheque amount
Despite acquitting the petitioner, the court directed the petitioner to deposit 15% of the cheque amount as cost before the Legal Services Authority within 15 days, citing a Supreme Court judgment. Failure to comply with this directive would prompt the Legal Services Authority to inform the court.

This detailed analysis covers the various issues addressed in the judgment, providing a comprehensive understanding of the legal proceedings and outcomes.

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