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Judgment
Amar Dutt, J.
PetitionerSurinder Kumar Kwatra had filed the present revision petition to challenge the judgment passed by the Additional Sessions Judge, Patiala upholding the conviction and sentence recorded by the Judicial Magistrate, Ist Class.
The main ground on which the notice was issued was that the statutory notice under Section 138(b) of the Negotiable Instruments Act had been served upon the petitioner only on 29.4.1993 while the complaint had been filed prior to the date on which the notice would have expired. The petitioner has also indicated that he is prepared to pay the amount due on account of dishonoured cheque even now.
In response to the notice respondent appeared on 26.4.2000 and he had accepted the banker''s cheque in full and final settlement of the payment. Since no challenge has been made to the ground on which the notice had been issued, I have no hesitation in accepting the same and in view of the fact that the amount due on the cheque has already been paid and accepted, the conviction recorded by the Courts below is set aside and the petitioner is acquitted of the charge framed against him.