IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 2990 of 2010(O&M) Date of Decision: December 16, 2010. Sharvan Singh ...... PETITIONER(s) Versus M/s Garg Trading Company and another. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. S.N.Pillania, Advocate for the petitioner. Mr. Amit Kumar Jain, Advocate for respondent No.1. Mr. Amandeep Singh, A.A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed against judgment dated 22.09.2010 passed by learned Sessions Judge, Kurukshetra vide which appeal filed by the present revision petitioner against judgment of conviction and order of sentence passed by learned Sub Divisional Judicial Magistrate, Pehowa in complaint No.3 of 2007, titled as M/s Garg Trading Company v. Sharvan Singh, under Sections 138/142 of Negotiable Instruments Act (hereinafter called as the ‘Act’), was dismissed. I have heard learned counsel for the parties and have gone through the whole record. CRR No.2990 of 2010 It has been contended by learned counsel for the petitioner that the offence is compoundable one and that dispute has been amicably settled between petitioner and respondent no.1 –complainant. Respondent No.1-complainant also appeared through counsel and filed short affidavit admitting the factum of compromise stating that he has received `3,10,000/- from family members of petitioner as full and final payment of the cheque in dispute. In view of ratio of law laid down by Hon’ble Apex Court in Damodar S.Prabhu v. Sayed Bebalal H., 2010(2) RCR(Crl.) 851, offence can be compounded even at revisional stage. It has been contended by learned counsel for the petitioner that he is a poor person and he has been continuing in custody for the last about three months. The amount of cheque is `3,10,000/-. However, in view of ratio of law laid down by Hon’ble Apex Court in Damodar S.Prabhu case (supra) petitioner is directed to deposit `31,000/- with the Secretary, District Legal Services Authority, Kurukshetra. Hence, in view of these facts, the present revision petition is accepted and impugned judgment of conviction as confirmed by learned appellate Court is, hereby, set aside. Petitioner is ordered to be acquitted of the offence. Learned Chief Judicial Magistrate, Kurukshetra is directed to issue release warrant of the petitioner immediately on deposit of `31,000/-. The present revision petition stands disposed of accordingly. ( RAM CHAND GUPTA ) 2 CRR No.2990 of 2010 December 16, 2010. JUDGE 'om' 3