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Jasmine Keshwani Vs. State of Maharashtra & ANR. [2009] INSC 571 (20 March 2009)

Judgment

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.502 OF 2009 (Arising out of S.L.P. (Crl.) No.5229 of 2008) Jasmine Keshwani ...Appellant(s) Versus State of Maharashtra & Anr. ...Respondent(s) O R D E R 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that a sum of Rupees three lakhs has been deposited in the Trial Court by the accused which shall be permitted to be withdrawn by the complainant.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.

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

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

New Delhi,

March 20, 2009.

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