Criminal Revision No.729 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.729 of 2011 (O&M) Date of Decision: 29.03.2011. Kulbir Singh ..Petitioner Versus State of Punjab and another ..Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. P.S. Hundal, Advocate, for the petitioner. Mr. Abhishek Sethi, Advocate, for respondent No.2 – complainant. NAWAB SINGH.J (O&M) This revision is directed against the judgment dated March 9th, 2011 passed by Additional Sessions Judge, (Fast Track), Patiala affirming the judgment of conviction and order of sentence dated December 2nd, 2008 passed by Sub Divisional Judicial Magistrate, Rajpura, whereby, the petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.5,000/- with default stipulation. He is in custody since March 9th, 2011. 2. Learned counsel for the parties have urged that the matter has been compromised between them vide compromise- deed (Annexure A-1). In 'Vinay Devanna Nayak Vs. Ryot Seva Sahakari Bank Limited' 2008 (1) RCR (Criminal) 249, Hon'ble Supreme Court allowed the compromise entered between the parties in view of Section 147 of N.I. Act and the primary object underlying Section 138 and acquitted the accused/appellant. 3. Since the matter has been settled between the parties and in view of provisions of Section 147 of N.I. Act and law Criminal Revision No.729 of 2011 (O&M) 2 laid down in the aforesaid authority, the revisionist is entitled to acquittal. Resultantly, the orders of conviction and sentence passed by the Courts below are set-aside and he is acquitted. Petitioner be released forthwith if not required in any other case. (NAWAB SINGH) JUDGE 29.03.2011 neetu