SURINDER SINGH Vs. GALLEY FINANCERS

JUDGEMENT

(1.) In response to order of this Court, directing the petitioner and - the respondent to appear before the learned Illaqa Magistrate to record their - statements in respect of the compromise effected between them, the report - of the learned Chief Judicial Magistrate, Patiala, has been received, to the - effect that the statements were so recorded and in his opinion, the - compromise has been effect voluntarily, without their being any kind of - pressure or coercion from either side.

(2.) In view of the above and the fact that it is a matter arising out - of an offence punishable under Section 138 of the Negotiable Instruments - Act, 1881, the judgments of the learned trial Court and the Appellate Court - convicting the petitioner for the offence and sentencing him to one years' - imprisonment, are set aside.

(3.) In view of the fact that the matter is actually compoundable - under Section 147 of the Negotiable Instruments Act, 1881, and a - compromise has been effected between the petitioner and the complainant, - even though it is after the conviction, the petitioner shall be deemed to have - been acquitted of the charge.