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2018 Supreme(P&H) 4478

SUDHIR MITTAL
Avtar Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Namit Khurana, Advocate, for the Appellant

JUDGMENT

Sudhir Mittal, J. (Oral) - Notice of motion.

2. Mr. Nishchal Mann, AAG, Haryana, accepts notice on behalf of respondent No. 1-State. Let two copies of the petition be supplied during the course of the day.

3. Mr. Rajesh Kapila, Advocate puts in appearance on behalf of respondent No. 2-complainant and filed power of attorney.

4. Learned counsel for the petitioner submits that the petitioner has been convicted of an offence under Section 138 of the Negotiable Instrument Act, 1881 and has been sentenced to rigorous imprisonment for one year and compensation of Rs. 2 lacs. His appeal has also been rejected. Thereafter, the parties have reached a compromise, a copy of which is on record as Annexure P1. As per the compromise, the cheque amount has already been paid and the same has been accepted by the complainant.

5. The above said factual submissions are admitted by learned counsel appearing for respondent No. 2.

6. In view of the judgment of Hon'ble Supreme Court in ' Damodar S. Prabhu vs. Sayed Babalal, (2010) 5 SCC 663 , offence under section 138 of the Negotiable Instruments Act, 1881, is compoundable in a revision before the High Court under Section 147 of the Act subject

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