Crl. Rev. No. 3236 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Rev. No. 3236 of 2010 (O&M) Date of decision: 22.12.2010 Natvar Lal ...Petitioner Versus State of Punjab & another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Amit Dhawan, Advocate, for the petitioner. Mr. Raghbir Chaudhary, Senior DAG, Punjab. Mr. Ashish Pal Kaushal, 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 convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1000/-, in default thereof to further undergo R.I. for one month. A complaint was filed by the complainant-respondent against the petitioner on the allegations that the petitioner issued a cheque No.0011900 dated 25th April, 2007 for Rs.50,000/- in favour of the complainant-respondent. However, the said cheque was dishonoured due to insufficient funds in the account. A trial ensued. The petitioner was convicted and sentenced to undergo R.I. for six months and to pay a Crl. Rev. No. 3236 of 2010 2 fine of Rs.1000/- by Judicial Magistrate Ist Class, Phagwara, vide judgment of conviction and order of sentence dated 14th October, 2009 and his appeal was also dismissed by the Additional Sessions Judge, Kapurthala, vide judgment dated 25th November, 2010. Learned counsel for the petitioner submits that during the pendency of this revision petition, a compromise has been arrived at between the petitioner and respondent (complainant), and the complainant has agreed to settle the claim regarding the cheque in question with the petitioner. Learned counsel for the petitioner further submits that the petitioner has already paid back the cheque amount to the respondent No.2 as full and final settlement of his claim and in view of judgment reported as Damodar S. Prabhu Vs. Sayeed Babalal, 2010 (2) RCR (Crl.) 851, an amount of Rs.7500/- has been deposited with Punjab State Legal Services Authority, Chandigarh, vide receipt No.168663 dated 10th December, 2010. Photo copy of receipt showing the payment of Rs.7500/- (15% of the cheque amount) to Punjab State Legal Service Authority is placed on record as Mark 'B'. Learned counsel for the respondent/complainant affirms the assertion made by counsel for the petitioner regarding compromise. On the last date of hearing i.e. December 07, 2010, he had already filed an affidavit of the complainant in this regard which was 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 Crl. Rev. No. 3236 of 2010 3 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 Ritesh Gupta v. State of Punjab and another, 2009 (3) R.C.R. (Criminal) 61, the plea of the parties is accepted. The conviction and sentence imposed 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 December 22, 2010 'rajpal' To be referred to the Reporters or not: Yes / No