Crl.R.No.2303 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.R.No.2303 of 2010 (O&M) Date of Decision:September 15, 2010 Bhagwan Dass .....Applicant-petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.K.S.Dhillon, Advocate for the applicant-petitioner. Mr.K.K.Jain, Advocate for the respondent. ...... RAM CHAND GUPTA, J.(Oral) Crl.M.No.47690 of 2010 Application is allowed subject to all just exceptions. Crl.R.No.2303 of 2010(O&M) The present revision petition has been filed under Section 397 Cr.P.C. read with Section 401 Cr.P.C. against the order of learned Additional Sessions Judge, Patiala, dated 12.8.2010, dismissing the appeal filed by the applicant-petitioner against the judgment of conviction and order of sentence dated 17.10.2007, passed by learned Judicial Magistrate Ist Class, Patiala, in Complaint No.157-T, dated 22.10.2002, vide which applicant-petitioner was convicted for offence under Section 138 of the Negotiable Instrument Act and sentenced to undergo simple imprisonment for the period of one year and to pay a fine of Rs.2000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month. It has been stated by learned counsel for the parties that dispute between the parties has since been compromised and the amount of cheque, i.e., Rs.15,000/- as well as some amount by way of interest, i.e., total Rs.21,000/- has been received by the respondent-complainant. Learned Crl.R.No.2303 of 2010 (O&M) 2 counsel for the petitioner has also placed on record affidavit of respondent- complainant-Kulwinder Singh in this regard. Kulwinder Singh has also come present and admitted the factum of compromise. Hence, in view of these facts, the application is allowed. The present revision petition is accepted and the impugned judgment of conviction passed by learned trial Court and the judgment dismissing the appeal filed against the said order, are set aside subject to the condition that applicant-petitioner will deposit 15% of the amount of cheque, i.e. Rs.2250/- with District Legal Services Authority at Patiala, in view of law laid down by Hon'ble Apex court in Damodar S.Prabhu v. Sayed Babalal H. 2010(2) RCR (Criminal) 851. Accused stand acquitted of the accusation in view of compounding. CJM/Duty Magistrate, Patiala, is directed to issue release warrants of the applicant-petitioner on deposit of amount of Rs.2250/-. Disposed of accordingly. 15.9.2010 (Ram Chand Gupta) meenu Judge