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Judgment
This is a revision petition arising out of judgment dated May 5,
2017 passed by the learned Additional Sessions Judge, Bathinda, whereby
conviction recorded by the trial Court was upheld.
Along with the instant revision petition, CRM No.18943 of
2017 is filed under Section 320 Cr.P.C. read with Section 147 of the
Negotiable Instruments Act, 1881 for compounding of the offence in view of
the compromise effected between the petitioner and respondent No.2.
Notice of motion.
On the asking of Court, Mr. Ajaib Singh, Addl. AG, Punjab,
accepts notice on behalf of State of Punjab, while Mr. Jimmy Singla,
Advocate, who is present in Court, accepts notice on behalf of respondent
No.2. Respondent No.2 - Hardev Singh son of Maghar Singh, who is also
present in Court and identified by Mr. Jimmy Singla, admitted the factum of
compromise. In this regard, affidavit of respondent No.2 - Hardev Singh is
annexed as Annexure P-1.
Since the matter stands compromised between the parties,
impugned judgment dated May 5, 2017 passed by the learned Additional
Sessions Judge, Bathinda vide which conviction and sentence of the
petitioner was upheld stands quashed. The petitioner shall be set at liberty
forthwith, if not required in any other case.
Accordingly, the revision petition as well as miscellaneous
applications stand allowed subject to deposit of 15% of the cheque amount
as per ratio laid down in Damodar S. Prabhu Vs. Sayed Babalal, AIR 2010
SC 1097 to State Legal Services Authority, Punjab, failing which this order
will be of no consequence. Necessary consequences to follow.