Sharvan Singh vs Garg Trading Company and Another

Ram Chand Gupta, J.—The present revision petition has been filed against judgment dated 22.09.2010 passed by learned Sessions Judge,

Kurukshetra vide which appeal filed by the present revision Petitioner against judgment of conviction and order of sentence passed by learned Sub

Divisional Judicial Magistrate, Pehowa in complaint No. 3 of 2007, titled as M/s Garg Trading Company v. Sharvan Singh, under Sections

138/142 of Negotiable Instruments Act (hereinafter called as the ''Act''), was dismissed.

I have heard learned Counsel for the parties and have gone through the whole record.

It has been contended by learned Counsel for the Petitioner that the offence is compoundable one and that dispute has been amicably settled

between Petitioner and Respondent No. 1 -complainant.

Respondent No. 1-complainant also appeared through counsel and filed short affidavit admitting the factum of compromise stating that he has

received Rs. 3,10,000/-from family members of Petitioner as full and final payment of the cheque in dispute.

In view of ratio of law laid down by Hon''ble Apex Court in Damodar S. Prabhu v. Sayed Bebalal H. 2010(2) RCR 851, offence can be

compounded even at revisional stage.

It has been contended by learned Counsel for the Petitioner that he is a poor person and he has been continuing in custody for the last about

three months.

The amount of cheque is Rs. 3,10,000/-. However, in view of ratio of law laid down by Hon''ble Apex Court in Damodar S. Prabhu case

(supra) Petitioner is directed to deposit Rs. 31,000/-with the Secretary, District Legal Services Authority, Kurukshetra.

Hence, in view of these facts, the present revision petition is accepted and impugned judgment of conviction as confirmed by learned appellate

Court is, hereby, set aside.

Petitioner is ordered to be acquitted of the offence. Learned Chief Judicial Magistrate, Kurukshetra is directed to issue release warrant of the

Petitioner immediately on deposit of Rs. 31,000/-.

The present revision petition stands disposed of accordingly.