GURDEV SINGH Vs. PRITPAL SINGH

JUDGEMENT

(1.) Present revision petition against judgment dated 12.09.2017 passed by learned Additional Sessions Judge, Fazilka whereby the appeal against judgment dated 23.01.2015 passed by Judicial Magistrate Ist Class, Fazilka was dismissed. The petitioner was convicted by Judicial Magistrate Ist Class, vide judgment dated 23.01.2015, for commission of offence punishable under Section 138 of Negotiable Instruments Act and sentenced as under:- <FRM>JUDGEMENT_144_LAWS(P&H)12_2017_1.html</FRM>

(2.) Learned counsel for the petitioner contended that as the matter in controversy is regarding some payment and issuance of cheque, the entire payment has been made to the respondent and the parties have settled their claim. Otherwise, learned counsel for the respondent affirms the factum of compromise and receipt of payment of entire amount by the respondent. As per provision of Section 147 of N.I. Act, the offences under this Act are compoundable, which is extracted here below:-

(3.) In view of the above, the necessary permission is granted to compound the offence and present revision petition is accepted and judgment of conviction and order of sentence recorded by learned Judicial Magistrate Ist Class dated 23.01.2015 and judgment passed by learned Additional Sessions Judge dated 12.09.2017 are hereby set aside.