IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.775 of 2010 Date of decision:- 26.4.2010 Varinder Singh ...Petitioner Versus Surinder Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA Present:- Mr. Inderjeet Sharma, Advocate for the petitioner. Mr. Mukesh Kumar Bhatnagar, Advocate for the respondent. RAM CHAND GUPTA J.(Oral) The present revision-petition has been filed against the judgment dated 16.2.2010 passed by Additional Sessions Judge, Bhatinda in criminal Appeal No.55 of 2009 vide which appeal against the judgment of conviction dated 05.3.2009, passed by Additional Chief Judicial Magistrate, Bhatinda, vide which the present revision petitioner was convicted and sentenced to undergo imprisonment for a period of one year and to pay fine of Rs.15,000/- for offence under Section 138 of Negotiable Instruments Act, was dismissed. It has been stated by learned counsel for the parties that the offence is compoundable one and the respondent-complainant has compounded the offence with the present revision petitioner. Compromise has been placed on record as Annexure P-1. Affidavit of respondent-complainant has also placed on record as Annexure P-2. Respondent No.2 also appeared through counsel and stated that he is having no objection if the application for compounding, filed on behalf of revision-petitioner is accepted and the accused is acquitted by setting aside the judgments passed by the learned Courts below. He has stated that he has also received the amount of the disputed cheque. The offence under Section 138 of Negotiable Instruments Act is compoundable one and as per Section 320 (9) Cr.P.C. the offence can be compounded even during pendency of appeal or revision. Criminal Revision No.775 of 2010 -2- Hence, as the offence has been compounded by respondent- complainant in view of the fact that he has already received the amount of cheque from the petitioner, the present revision-petition is accepted and the impugned judgment dated 16.2.2010 passed by learned Additional Sessions Judge, Bhatinda and judgment dated 05.3.2009, passed by Additional Chief Judicial Magistrate, Bhatinda are set aside. Petitioner-accused is acquitted of the charge. He be released forthwith if not required in any other case. Registry is directed to send copy of this order today itself by fax for compliance. Dasti copy is ordered to be given to the applicant. April 26, 2010 ( RAM CHAND GUPTA ) vj JUDGE