Neutral Citation No. - 2025:AHC:63681 Court No. - 89 Case :- CRIMINAL REVISION No. - 5842 of 2023 Revisionist :- Sarfuddin Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajiv Sisodia,Virendra Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Shri Rajiv Sisodia, learned counsel for the revisionist, Shri Shashank Dwivedi, learned counsel appearing for opposite party no.2 and learned A.G.A. for the State are present. 2. The present revision has been preferred against judgment and order dated 30.09.2023 passed by the court of Additional Sessions Judge, Court No.6, Bijnor in Criminal Appeal No.3 of 2022 (Sarfuddin Vs. Mohd. Iqbal), whereby the appeal of revisionist has been dismissed and the judgment and order dated 13.12.2021 of the Magistrate convicting and sentencing revisionist for offence under Section 138 of Negotiable Instrument Act, 1881 has been affirmed. 3. The Additional Court Bijnor (u/s 138 N.I. Act) has convicted the revisionist for dishonor of cheque amounting to Rs.30,000/- and the revisionist by the order of punishment has been sentenced to simple imprisonment of three months and Rs.45,000/- as fine. Invoking Section 357 Cr.P.C. an amount of Rs.40,000/- has been made payable to the opposite party no.2 and the remaining amount of Rs.5,000/- is directed to be deposited in the state exchequer. 4. It is submitted before the Court by both the learned counsel appearing from either side that the parties had entered into a compromise and the revisionist has paid the entire amount of compensation, out of court. 5. A supplementary affidavit regarding deposit of Rs.9000/- has been filed by the revisionist and is on record. 6. The learned counsel for revisionist further submits that his client will deposit the amount of Rs.5,000/- as fine in the state exchequer, in view of judgment dated 13.12.2021 passed by Additional Court of Bijnor in Complaint Case No.422 of 2022 (Mohd. Iqbal Vs. Sarfuddin). 7. The learned counsel for revisionist submits to modify the sentence in view of compromise and done away with the simple imprisonment in view of the compromise arrived at between the parties. 8. This Court is of the view that the amount of compensation and fine agreed by the revisionist and accepted by opposite party no.2 is sufficient compliance, hence, the simple imprisonment is done away with, subject to placing the text of compromise before the court of Magistrate concerned. 9. In the light of aforesaid observations, the revision is disposed of. Order Date :- 25.4.2025 Shivangi Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad