SANJEEV KUMAR Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) PURSUANT to the order of this Court dated 23rd July, 2013 petitioner and respondent No. 2 had appeared before the Mediation and Conciliation Centre of this Court on 25th July, 2013 and report of Mediator dated 25th July, 2013 has been received in this Court along with the statements recorded before him (of the petitioner and respondent No. 2). As per the said statements, respondent No. 2 has received Rs.1,20,000/ - in full and final settlement of all dues against cheque No. 963946 dated 20.07.2009 and has further stated that there is nothing further due against the petitioner as on date, for any transaction between them. Both, the petitioner as well as respondent No. 2, in their statements, have also stated that they would not indulge in any further litigation in respect of any previous transaction between the two of them.

(2.) IN view of the above and keeping in view of the fact that as per Section 147 of the Negotiable Instruments Act, 1881, the matter is compoundable and in view of ratio of the judgment of the Supreme Court, titled as Gian Singh vs. State of Punjab,, 2012(4) R.C.R. (Criminal) 543; I deem it appropriate that conviction of the petitioner by the learned Trial Court under Section 138 of Negotiable Instruments Act, vide order dated 17.03.2012, as affirmed by the learned Additional Sessions Judge, Patiala, vide order dated 02.02.2013, for which he was sentenced to one year & one month of rigorous imprisonment plus a fine of Rs.1,000/ -, be set aside. It is so ordered. Consequently, the sentence pronounced would also not been given effect to.