Crl.R.No.2443 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.R.No.2443 of 2010 (O&M) Date of Decision:September 15, 2010 Dadhibal Singh .....Petitioner v. State of Punjab and another .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Sherry K.Singla, Advocate for the petitioner. Ms.Bhavna Gupta, DAG, Punjab. Mr.Manoj Kumar Pundir, Advocate for respondent no.2. ...... RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed under Section 397 Cr.P.C. read with Section 401 Cr.P.C. against the order of learned Additional Sessions Judge, Patiala, dated 7.8.2010, dismissing the appeal filed by the applicant-petitioner against the judgment of conviction and order of sentence dated 18.8.2009, passed by learned Judicial Magistrate Ist Class, Patiala, in Complaint No.597/1.11.2007, ID No.21801 R 0138072007, vide which applicant-petitioner was convicted for offence under Section 138 of the Negotiable Instrument Act and sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.4000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month. It has been stated by learned counsel for the parties that dispute between the parties has since been compromised and the amount of cheque, i.e., Rs.90,000/- has been received by respondent no.2-complainant. Learned counsel for the petitioner has also placed on record affidavit of respondent No.2-complainant-Manu Kaushik in this regard. Respondent no.2-Manu Kaushik, i.e., complainant, has also come present and admitted Crl.R.No.2443 of 2010 (O&M) -2- the factum of compromise. Hence, in view of these facts, the application is allowed. The present revision petition is accepted and the impugned judgment of conviction passed by learned trial Court and the judgment dismissing the appeal filed against the said order, are set aside subject to the condition that applicant-petitioner will deposit 15% of the amount of cheque, i.e. Rs.13,500/- with District Legal Services Authority at Patiala, in view of law laid down by Hon'ble Apex court in Damodar S.Prabhu v. Sayed Babalal H. 2010(2) RCR (Criminal) 851. Accused stands acquitted of the accusation in view of compromise. CJM/Duty Magistrate, Patiala, is directed to issue release warrants of the applicant-petitioner on deposit of amount of Rs.13,500/-. Disposed of accordingly. 15.9.2010 (Ram Chand Gupta) meenu Judge