Crl. Rev. No. 1338 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Rev. No. 1338 of 2009 (O&M) Date of decision: 1st July, 2009 Dev Singh ...Petitioner Versus Amrik Singh ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Ms. Sonia G. Singh, Advocate, for the petitioner. Rajan Gupta, J. This is a revision petition against the judgment delivered by Sessions Judge, Chandigarh, whereby the petitioner has been convicted for an offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as “the Act”) and sentenced to rigorous imprisonment for one year and fine of Rs.5000/-, in default of payment of fine to further undergo imprisonment for 15 days. Notice of motion. Mr. Puneet Singla, Advocate accepts notice on behalf of the respondent-complainant. The complainant Amrik Singh lodged the instant complaint due to dishonour of a cheque dated 23rd May, 2002, issued by the petitioner for Rs.1.00 lac. He presented the cheque with his banker Uco Bank, Nayagaon. However, the same was returned due to insufficient funds in the account. The Judicial Magistrate Ist Class, Chandigarh Crl. Rev. No. 1338 of 2009 2 came to the conclusion that the petitioner was guilty under Section 138 of the Act and sentenced him accordingly. The petitioner preferred an appeal before the court of Sessions. However, the same was dismissed by the Additional Sessions Judge, Chandigarh, vide judgment dated 17th March, 2009. The present revision petition has been preferred impugning the said judgment. Learned counsel for the petitioner has submitted at the outset that the petitioner has paid the cheque amount to the respondent- complainant and thus, the offence under Section 138 of the Act may be allowed to be compounded. Learned counsel for the respondent-complainant has affirmed the factual contention made by counsel for the petitioner. He has submitted that respondent-complainant is present in court and is duly identified by him. In support of his identification, a photo copy of his driving-licence has been placed on record, which is taken on record as Mark 'A'. He has also filed affidavit of Amrik Singh complainant, para 2 whereof reads as under:- “2. That the complainant/deponent has received the cheque amount and so do not want to pursue the criminal proceedings against the petitioner, and if the conviction of the petitioner is set aside, then the deponent will not have any objection.” The affidavit is taken on record as Mark 'B'. In view of the fact that the cheque amount, which led to Crl. Rev. No. 1338 of 2009 3 complaint under Section 138 of the Act, has been paid to the complainant, the offence can be compounded under Section 147 of the Act. In view of the fact that the complainant does not want to pursue the criminal proceedings and has no objection if conviction of the complainant is set-aside, this revision petition is hereby allowed and conviction and sentence awarded to the petitioner is set-aside. (RAJAN GUPTA) JUDGE July 01, 2009 'rajpal'