Criminal Revision No. 406 of 2003. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 406 of 2003. Date of Decision : 21.3.2011 Kulwant Rai ......Petitioner Versus M/s M.R.G. Finance (P) Ltd. & another ......Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Ashwani Talwar, Advocate, for the petitioner. None for respondent No.1. Mr. Ranvir S. Chauhan, DAG, Punjab, for respondent No.2-State. NAWAB SINGH J. This revision is directed against the judgment dated February 19 th, 2003 passed by Sessions Judge, Jalandhar upholding the judgment of conviction and order of sentence dated February 6 th, 2002 of Judicial Magistrate First Class, Jalandhar, whereby, petitioner was convicted for the offence punishable under Section 138 of Negotiable Instrument Act (for short 'N.I. Act') and sentenced to undergo rigorous imprisonment for a period of 11 months and to pay fine of Rs.3000/- with default stipulation. 2. Learned counsel for the petitioner has urged that parties have compromised the matter and the petitioner has paid the cheque amount to the complainant. He has also placed on record affidavit (Annexure P-1) and the certificate (Annexure P-2) given by the complainant to this effect. This fact has also been mentioned in the order dated April 10 th, 2003 passed by this Court. In 'Vinay Devanna Nayak Vs. Ryot Seva Sahakari Bank Limited' 2008 (1) Criminal Revision No. 406 of 2003. 2 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 laid down in the aforesaid authority, the revisionist is entitled to acquittal. Resultantly, the revision is accepted and the orders of conviction and sentence passed by the Courts below are set-aside and he is acquitted. (NAWAB SINGH) JUDGE 21.3.2011 SN