IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 779 of 2011. Date of Decision : 7.4.2011 Mohd. Ashraf ......Petitioner Versus State of Punjab & another ......Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Amzad Khan, Advocate, for the petitioner. Mr. S.S. Chandumajra, DAG, Punjab, for the respondent-State. Mr. Jatinder J.C. Nagpal, Advocate, for respondent No.2. NAWAB SINGH J.(ORAL) This revision is directed against the judgment dated August 8th, 2009 passed by Additional Sessions Judge, Sangrur upholding the judgment of conviction and order of sentence dated September 8th, 2008 of Sub-Divisional Judicial Magistrate, Malerkotla, whereby, petitioner was convicted for the offence punishable under Section 138 of Negotiable Instrument Act (for short 'N.I. Act') and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1000/- with default stipulation. 2. The petitioner is in judicial custody since December 4th, 2010. After passing of the impugned judgment dated August 8th, 2009 parties entered into compromise, as stated by the counsel for the parties at bar, whereby, cheque amount of Rs.30,000/- has been paid by the petitioner. Affidavit of the complainant (Annexure P-1) has also been placed on record. In a judgment 'Vinay Devanna Nayak Vs. Ryot Seva Sahakari Bank Limited' 2008 (1) RCR (Criminal) 249, Hon'ble Supreme Court allowed the compromise entered between the parties in view of Criminal Revision No. 779 of 2011 (2) Section 147 of N.I. 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 N.I. Act and law laid down in the aforesaid authority, the revisionist is entitled to acquittal. Resultantly, the revision is accepted and the orders of conviction and sentence passed by the Courts below are set-aside and he is acquitted. He is directed to be released forthwith, if not required in any other case. 4. A copy of this order be given to the counsel for the petitioner by hand under the signatures of the Court Secretary. (NAWAB SINGH) JUDGE 7.4.2011. SN