Criminal Revision No. 725 of 2013

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In the High Court of Punjab and Haryana at Chandigarh

…

Criminal Revision No. 725 of 2013

Date of decision: 4.3.2013

Gaurav Yadav

...Petitioners

Versus

State of Haryana and another

..Respondents

Coram: Hon'ble Mr. Justice M.M.S. Bedi

Present:

Mr. Sarfraj Hussain, Advocate

for the petitioner.

Ms. Shalini Attri, DAG,Haryana

Mr. Rajesh Bhateja, Advocate

for respondent No.2.

Respondent No.2 in person.

..

M.M.S.Bedi,J(Oral)

The petitioner has been convicted by the courts below

under Section 138 of the Negotiable Instruments Act, 1881

Complainant-Sanjeev Yadav is present in person, who

states that he has received the amount of the cheque from Gaurav

Yadav and he has compromised the matter. He has got no

objection in case the revision petition is allowed and petitioner is

acquitted as the matter has been compromised.

Statement of complainant Sanjeev Yadav has been

recorded separately. The complainant-Sanjeev Yadav has been

identified by his counsel. The offence stands compounded as per

the statement of the complainant.

Criminal Revision No. 725 of 2013

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Petition is disposed of as the matter has been

compromised. The petitioner will be deemed to have been

acquitted as per provisions of Section 320(8) of Cr.P.C. Hon'ble the

Apex Court in Damodar S.Prabhu vs. Sayed Babalal. H 2010(2)

RCR (Crl.) 851, has held that compounding is permissible in

offence under Section 138 of the Negotiable Instruments Act. By

extending such benefit to the petitioner, the matter is permitted to

be compounded and the petitioner is ordered to be released

forthwith.

March 4,2013

(M.M.S. BEDI)

nk

JUDGE