Crl. Rev. No. 1459 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Rev. No. 1459 of 2009 (O&M) Date of decision: 8.7.2009 Avtar Singh ...Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. H.K. Aurora, Advocate, for the petitioner. Mr. Shailesh Gupta, DAG, Punjab. Mr. Gaurav Tangri, Advocate, for respondent No.2. Rajan Gupta, J. This is a revision petition against the conviction of the accused-petitioner under Section 138 of the Negotiable Instruments Act (hereinafter referred to be as “the Act”). The petitioner has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.3000/-, in default thereof to further undergo simple imprisonment for three months. The case was registered against the petitioner on the allegations that he issued a cheque for Rs.80,000/- drawn on HDFC Bank, G.T. Road Branch, Jalandhar. However, the said cheque was dishonoured due to insufficient funds in the account. A trial ensued. The petitioner was convicted by the court of Judicial Magistrate Ist Class, Jalandhar and conviction was upheld by the appellate court. Crl. Rev. No. 1459 of 2009 2 Notice of motion was issued in this case on May 29, 2009. Learned counsel for the petitioner had submitted at the outset that two drafts of Rs.40,000/- each had been brought to the Court for payment to the complainant. Today, learned counsel for respondent No.2 has put in appearance. He submits that Harpal Singh complainant/respondent No.2 is present in court and is duly identified by him. According to the counsel, a compromise has been arrived at between the petitioner and the complainant. Learned counsel has placed on record an affidavit of complainant Harpal Singh wherein he has stated that he has received an amount of Rs.1,50,000/- towards the full and final settlement of the dispute. Two drafts of Rs.40,000/- each, photo copies whereof are Annexures P-2 & P-3, had already been handed over to the complainant Harpal Singh. According to the affidavit, another amount of Rs.70,000/- has been handed over in cash to the complainant in the court today. The affidavit filed by the complainant is taken on record as Mark 'A'. In view of the fact that offence under Section 138 of the Act is compoundable under Section 147 of the Act, the statement made by the complainant would amount to withdrawal from prosecution as envisaged by Section 321 Cr.P.C. In such circumstances and in view of the judgment rendered by this court in Crl. Rev. No.929 of 2009 titled 'Ritesh Gupta v. State of Punjab and another', decided on 6th May, 2009, the plea of the parties is accepted. The conviction and sentence imposed Crl. Rev. No. 1459 of 2009 3 upon the petitioner for offence punishable under Section 138 of the Act is hereby set-aside and the petitioner is acquitted of the offence for which he was convicted and sentenced. The revision petition is thus allowed in the aforesaid terms. (RAJAN GUPTA) JUDGE July 08, 2009 'rajpal'