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#6 o/o 02,06.2011
Present: Petitioner in person with Mr.Yogesh Kumar, Advocate.
Ms.Santosh Kohli, APP for the State/respondent No.1.
Respondent No.2 in person with Mr.Ajit Singh, Advocate who identifies her.
- +Crl.Rev.P.No.48/2OLL
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JUDGMENT
1. Petitioner Jasvir Singh filed instant criminal revision petition No.48/2011 with following prayers:- "lt is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Revision Petition and call the records of the complaint case NO,7346/1 Titled Mahesh Chand Joshi Vs. Jasvir and remove the illegalities/regulates/improprieties of the order dated 30.6.2010 and 5.7.2070 & 20,7.2077 passed thereof and order dated 78.7.2077 passed in Appeal No.7/2070. Meanwhile this Hon'ble Court may be please to suspend the sentence of the Petitioner awarded by the Ld Trial Court and direct that the Petitioner may be released on bail along with stay of warrant of attachment issued for recovery of compensation. And/or pass any other order, which may be deemed fit and proper under the facts and circumstances of the case in the interest of justice."
2. During the pendency of revision petition, the parties have moved an application being Crl.M.A.No.6432l20Ll seeking early hearing and disposing of the complaint undbr - Section 138 of the Negotiable lnstruments Act as Ai ?" 2011:DHC:19800 \ ib, -_t compounded on the basis of compromise. Compromise Deed, duly thumb marked by the respective parties is placed on record. Both the petitioner as well as respondent No.2 admits that they have voluntarily entered into the compromise recorded in the Compromise Deed and thumb marked the same after understanding the contents. They also undertake to abide by the terms of settlement.
3. Complainant/respondent No.2 confirms that he has arrived at an amicable t settlement with the petitioner of his own accord, without any inducement or threat and in view of the compromise, he does not wish to have any action on his complaint filed against the petitioner. Thus, he requests that his complaint be dismissed as compounded.
4. In view of the Compromise Deed and the statements made by the parties, the main offence under Section 138 of the Negotiable Instruments Act stands compounded. Accordingly, the conviction of the petitioner is set aside in view of the compounding of offence. ?
5. The petition stands disposed of.
6. A copy of this order be sent to the Jail Superintendent with the direction that the petitioner be released forthwith, if not required in any other case. JUNE 02,ZOLL ks (AJrT BHARTHOKE) JUDGE * t