JUDGMENT Mr. Vijender Singh Malik, J.: - On a complaint brought by Rajinder Parshad, respondent No.2 against Parminder Kumar, the petitioner, for an offence punishable under section 138 of Negotiable Instruments Act, 1881 (for short, ‘the Act’) the petitioner was held guilty and convicted vide judgment dated 19.3.2010 by learned Chief Judicial Magistrate, Hoshiarpur. The appeal filed by Parminder Kumar also failed to bring favourable result to him as the same was dismissed by learned Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur vide judgment dated 3.3.2012. 2. Learned counsel for the petitioner has prayed for compounding the offence under section 147 of the Act by treating the revision petition as a petition under section 482 Cr.P.C. for quashing of complaint filed by respondent No.2 on the basis of compromise. The affidavit of Rajinder Parshad dated 2.4.2012 to this effect is placed on the file as Annexure P1, which clearly reveals that the matter stands compromised between the parties. 3. The offence could be compounded and the proceedings could be quashed at this stage. It has been laid down by Hon‘ble Supreme Court of India in K. Subramanian Vs. R. Rajathi Rep. By P.O.A. P. Kaliappan, 2010 (1) R.C.R. (Criminal) 184 that conviction of the accused in the case of dishonour of cheques of the value of Rs.4,52,289/- upheld upto Hon‘ble Supreme Court could be set aside permitting the parties entering into compromise to compound the offence. 4. In yet another decision of Hon‘ble Supreme Court of India in K.M.Ibrahim Vs. K.P.Mohammed & Anr., [2009(6) Law Herald (SC) 4101] : 2010 (1) R.C.R. (Crl.) 595, compounding was held permissible at the appellate stage. It has also been held that once compounding of offence under the provisions of section 147 of the Act is permitted, the conviction for an offence under section 138 of the Act should also be set-aside. The submissions of learned counsel for the petitioner find support in another decision of Hon‘ble Supreme Court of India in Vinay Devanna Nayak Vs. Ryot Seva Sahakari Bank Ltd., [2007(5) Law Herald (SC) 3843] : 2008 (1) RCR (Crl.) 249. It had been a case pertaining to dishonour of cheque and the parties compromised the matter in appeal before Hon‘ble Apex Court. It was held by Hon‘ble Supreme Court of India that the offence is compoundable at the appellate stage under section 147 of the Act. 5.
It had been a case pertaining to dishonour of cheque and the parties compromised the matter in appeal before Hon‘ble Apex Court. It was held by Hon‘ble Supreme Court of India that the offence is compoundable at the appellate stage under section 147 of the Act. 5. In view of the aforesaid facts, converting the revision petition into a petition under section 482 Cr.P.C. on the request of the petitioner, I accept the same and quash the complaint filed by the respondent against the petitioner under section 138 of the Act. Consequently, the impugned judgments dated 19.3.2010 and 3.3.2012 passed by learned Chief Judicial Magistrate, Hoshiarpur and learned Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur respectively, are set-aside and the petitioner is acquitted of the charge. ---------0.B.S.0------------