Crl.R. No. 1911 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.R. No. 1911 of 2011 (O&M) Date of decision : 1.11.2011 ... Inder Singh ................Petitioner vs. Amardeep Singh and another .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. P.K.S. Phoolka, Advocate for the petitioner Sh. A.S. Ahluwalia, Advocate for respondent No.1. Ms. Bhavna Gupta, Deputy Advocate General, Punjab. ... K.C. Puri, J. Challenge in this petition is the order dated 30.7.2011 passed by Sh. Dilbagh Singh Johal, Additional Sessions Judge, Bathinda, vide which the appeal preferred by the petitioner against the judgment dated 9.9.2009 passed by Sh. Baljinder Singh, PCS, Additional Chief Judicial Magistrate, Bathinda, was dismissed. The case of the complainant Amardeep Singh is that accused, now petitioner, issued a cheque for ` 1,35,000/- on 19.8.2005, which on presentation was dishonoured. Legal notice was issued and Crl.R. No. 1911 of 2011 -2- thereafter accused was summoned. After trial, the accused was convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of 1 year and to pay fine of ` 5,000/-. The petitioner thereafter, preferred an appeal before the Sessions Court and the same was decided by Sh. Dilbagh Singh Johal, Additional Sessions Judge, Bathinda and vide judgment dated 30.7.2011, the said appeal was dismissed. The parties have now arrived at a compromise. The affidavit of complainant Amardeep Singh has been placed on the file. He is represented by his counsel Sh. A.S. Ahluwalia, who has stated at the Bar that the amount of cheque in question has been received and he has no objection in case the petitioner is acquitted. The Hon'ble Apex Court in Crl.A.No. 963 of 2010 titled as Damodar S. Prabhu vs. Sayed Babalal H., decided on 3.5.2010, has held that compounding of offence under 138 of the Negotiable Instruments Act, 1881 can be allowed but has issued certain guidelines, according to which 15% of the cheque amount by way of costs, has to be deposited when the compromise is effected before the Sessions Court or High Court. In view of the above said authority, parties are allowed to compromise the matter. The conviction recorded by both the Courts below stands set aside. The accused shall deposit 15% of the cheque amount within 6 weeks from today before the District Legal Services Authority, Bathinda, as per authority in Damodar S. Prabhu's case (Supra), failing which the order passed by the Additional Sessions Crl.R. No. 1911 of 2011 -3- Judge, Bathinda, dated 30.7.2011 would revive. The petition stands disposed of accordingly. ( K.C. Puri ) 1.11.2011 Judge chugh