RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed against the judgement dated 15.02.2010 passed by learned Additional Sessions Judge Panchkula dismissing the appeal filed by the petitioner against the judgement dated 12.02.2009 passed by the learned Judicial Magistrate Ist Class Panchkula vide which the petitioner was convicted and sentenced under Section 138 of the Negotiable Instruments Act to undergo simple imprisonment for a period of one year along with a fine of Rs. 4000/-. Learned counsel for the petitioner submitted that during the pendency of the petition the matter has been compromised and as such allow the petitioner and the complainant to compound an offence under Section 138 of the Act.

(2.) Learned counsel for respondent No. 2 has filed an affidavit of Manmohan Singh - complainant stating therein that the matter has been compromised and he has no objection if the present revision petition is allowed to be compounded. The same is taken on record. Further a separate statement of the complainant to that effect has also been got recorded in the Court. In his statement he has stated that he has received the payment of the dishonoured cheque from the accused petitioner and as such he has no objection if the present petition is allowed and the petitioner is acquitted of the charge. In view of the above it is clear that the during the pendency of the revision petition the matter has been compromised between the parties Section 147 of the Negotiable Instruments Act reproduced as under: