Crl. Rev. No.1269 of 2002 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Rev. No.1269 of 2002 Date of decision : 29.03.2010 Ajit Kumar .... Petitioner VERSUS Gulshan Kumar ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Maharaj Kumar, Advocate, for the petitioner. Mr. Atul Yadav, Advocate, for the respondent. KANWALJIT SINGH AHLUWALIA, J. (Oral) Petitioner was prosecuted in a complaint filed by respondent – Gulshan Kumar under Section 138 of the Negotiable Instruments Act. The brief allegation is that petitioner had issued a cheque No.RBD-35372 amounting to Rs.60,000/- drawn on P.N.B. Township Rajpura. The cheque was presented by the complainant – respondent with his bankers. It was dishonoured with the remarks that there was insufficient fund in the account. Petitioner was tried by the Court of Sub Divisional Judicial Magistrate, Rajpura. It held the petitioner guilty of offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo RI for one year and to pay a fine of Rs.2000/- and in default of payment of fine, to further undergo RI for one month. Crl. Rev. No.1269 of 2002 -2- Aggrieved against the same, the petitioner filed an appeal. The same was also dismissed. Today, Sh. Maharaj Kumar, Advocate for the petitioner has stated that during the pendency of the petition, the matter has been compromised and amount of cheque has been paid to the respondent – Gulshan Kumar. Sh. Atul Yadav, Advocate, appearing on behalf of the respondent does not dispute the statement made by learned counsel for the petitioner. In the present case, cheque was issued on 15.4.1996. A period of almost 14 years is going to elapse. Petitioner has already suffered mental pain and agony of protracted trial for such a long time. He has also paid the amount of cheque. In these circumstances, petitioner is ordered to be released on probation to the satisfaction of the trial Court for a period of six months. The petitioner shall maintain good conduct, behaviour and peace during the period of probation. In case, the petitioner commits a breach of any of the terms to be specified in the bond to be furnished by the petitioner before the trial Court, he shall be called upon by the trial Court to serve the sentence. With these observations, the present petition is disposed of. (KANWALJIT SINGH AHLUWALIA) 29.03.2010 JUDGE manju