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2013 DIGILAW 1544 (PNJ)

Surinder Singh v. Galley Financers

2013-11-22

Amol Rattan Singh

body2013
JUDGMENT Mr. Amol Rattan Singh, J. (Oral):- In response to order of this Court, directing the petitioner and the respondent to appear before the learned Illaqa Magistrate to record their statements in respect of the compromise effected between them, the report of the learned Chief Judicial Magistrate, Patiala, has been received, to the effect that the statements were so recorded and in his opinion, the compromise has been effect voluntarily, without their being any kind of pressure or coercion from either side. 2. In view of the above and the fact that it is a matter arising out of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the judgments of the learned trial Court and the Appellate Court convicting the petitioner for the offence and sentencing him to one years’ imprisonment, are set aside. 3. In view of the fact that the matter is actually compoundable under Section 147 of the Negotiable Instruments Act, 1881, and a compromise has been effected between the petitioner and the complainant, even though it is after the conviction, the petitioner shall be deemed to have been acquitted of the charge. ---------0.B.S.0------------