GURVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against the judgement dated 15.03.2010 passed by learned Additional Sessions Judge (Fast Track Court) Bathinda, dismissing the appeal filed by the petitioner against the judgement dated 18.12.2009 passed by the learned Judicial Magistrate Ist Class, Bathinda, vide which, the petitioner was convicted and sentenced under Section 138 of the Negotiable Instruments Act to undergo rigorous imprisonment for a period of one year along with a fine of Rs. 2000/-.

(2.) Learned counsel for the petitioner submitted that during the pendency of the petition, the matter has been compromised. Accordingly, the petitioner and the complainant should be allowed to compound an offence under Section 138 of the Act. The amount of the cheque involved is Rs. 1.10 lacs. The petitioner offered to pay a sum of Rs. 2.70 lacs in lieu of the dishonoured cheque. Respondent No. 2 has accepted the said offer.

(3.) Accordingly, learned counsel for respondent No. 2 has filed an affidavit of Parshotam Singh-complainant stating therein that the matter has been compromised and he has no objection if the petitioner is acquitted of the said charge. The affidavit 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, the complainant stated that he has received a demand draft bearing No. 588629 dated 08.04.2010, issued by State Bank of India Sector 41, Chandigarh in his favour for a sum of Rs. 2.70 lacs towards 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.