Crl. Revision No. 1788 of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 1788 of 2004 Date of Decision : 8.3.2011. P.K.Wadhwa ...... Petitioner Versus Maj. Gen. Gurdial Singh (Retd.) ......Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. P.K.Wadhwa, petitioner-in-person, with Mr. S.M.Wadehra, Advocate, for the petitioner. Mr. Anshuman Chopra, Advocate, for Mr. Amarjeet Markan, Advocate, for the respondent. NAWAB SINGH J.(ORAL) This revision is directed against the judgment dated September 3rd, 2004 passed by Additional Sessions Judge, Chandigarh upholding the judgment of conviction and order of sentence dated August 31st, 1999 of Chief Judicial Magistrate, Chandigarh, whereby, petitioner - P.K.Wadhwa was convicted for the offence punishable under Section 138 of Negotiable Instrument Act (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of ` 10,000/- with default stipulation and convict-firm was sentenced to pay fine of Rs.10,000/-. 2. During the pendency of revision, matter has been compromised between the parties. In lieu thereof, petitioner has paid ` 52,500/- to Maj. Gen. Gurdial Singh-respondent by way of demand draft dated March 8th, 2011, to learned counsel for the respondent in Court. Photo copy of the draft has been placed on record. In a recent judgment 'Vinay Devanna Nayak Vs. Ryot Seva Sahakari Crl. Revision No. 1788 of 2004 2 Bank Limited' 2008 (1) RCR (Criminal) 249, Hon'ble Supreme Court allowed the compromise entered between the parties in view of Section 147 of the Act and the primary object underlying Section 138 and acquitted the accused/appellant. 3. Since the matter has been settled between the parties and in view of provisions of Section 147 of the Act and law laid down in the aforesaid authority, the revisionist is entitled to acquittal. Resultantly, the orders of conviction and sentence passed by the Courts below are set-aside and the petitioner is acquitted. As the petitioner has been acquitted of the charge, the amount of fine deposited by him in the trial Court be refunded to him. (NAWAB SINGH) JUDGE 08.3.2011. som