CRR NO.3362 OF 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR NO.3362 OF 2010(O&M) DECIDED ON : 20.12.2010 Ashwani Kumar ...Petitioner versus Sarbjit Singh Sethi and another ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Rahul Sharma, Advocate, for the petitioners. Mr. Naveen Batra, Advocate, for the complainant-respondent N0.1. K. C. PURI, J. (ORAL) CRM NO. 66134 OF 2010 There is delay of 18 days in filing the revision petition. The same stands condoned on the grounds mentioned in the application. MAIN CASE Notice of motion to Advocate General, Punjab. At the asking of the Court, Mr. Sudhir Nehra, Additional AG, Punjab, accepts notice on behalf of respondent NO.2. CRR NO.3362 OF 2010(O&M) -2- Ashwani Kumar has filed the present revision petition against the order dated 30.08.2010 passed by Shri Surinder Singh Sahni, Additional Sessions Judge, Hoshiarpur, vide which the appeal preferred by the petitioner against the judgment dated 06.01.2010 passed by Shri Gurjant Singh, Chief Judicial Magistrate, Hoshiarpur, was dismissed. Sarbjit Singh Sethi filed a complaint under Section 138 of the Negotiable Instruments Act in respect of one cheque amounting to Rs.1,80,000/-. The trial Court, after adjudication, found the present petitioner guilty and sentenced him to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.5000/- vide judgment dated 06.01.2010. Feeling dissatisfied with the above said judgment, Ashwani Kumar filed first appeal which was dismissed vide judgment dated 30.08.2010 passed by Shri Surinder Singh Sahni, Additional Sessions Judge, Hoshiarpur. Feeling dissatisfied with the judgment dated 06.01.2010 passed by Chief Judicial Magistrate, Hoshiarpur and judgment dated 30.08.2010 passed by Additional Sessions Judge, Hoshiarpur, the present revision petition has been filed. Along with the revision petition, compromise agreement has been placed on the file in which it is mentioned that the matter has been compromised and the amount has been settled to Rs.60,000/- only. Sarbjit Singh complainant is also present in person and has been identified by his counsel Mr.Naveen Batra, Advocate. Complainant has stated at the bar CRR NO.3362 OF 2010(O&M) -3- that he has compromised the matter and has received the amount. Learned counsel for the petitioner has submitted that the petitioner is very poor person and on that account the matter has been settled only on payment of Rs.60,000/- which has been paid through two demand drafts bearing Nos.000728 and 000729 dated 14.12.2010 amounting to Rs.30,000/- each. So, keeping in view the above mentioned facts and the authority “Damodar S. Prabhu vs. Sayed Babalal H.” passed in Crl. Appeal Nos. 964-966 of 2010, the compounding is allowed. The petitioner stands acquitted. He is stated to be in custody and is ordered to be released on deposit of Rs.9000/- before the Legal Services Authority i.e 15% of the amount settled. The petition stands disposed of accordingly. DECEMBER 20, 2010 (K. C. PURI) shalini JUDGE