- (1.) CHALLENGE is to the judgment dated September 13th, 2005 of Additional Sessions Judge, Jalandhar affirming the judgment of conviction and order of sentence dated April 7th, 2005,whereby, petitioner was convicted under Section 138 of the Negotiable Instrument Act (for short 'N.I. Act'), 1881 and sentenced to undergo rigorous imprisonment for a period of one year and 10,000/- with default stipulation.
(2.) LEARNED counsel for the parties have urged that the matte promised between them vide compromise deed (Annexure Devanna Nayak Vs. Ryot Seva Sahakari Bank Limited 2008 (1) 249, Hon'ble Supreme/Court allowed the compromise enter parties in view of Section 147 of N.I. Act and the primary object underlying Section 138 and acquitted the accused/appellant. Since the matter has been settled between the parties provisions of Section 147 of N.I. Act and law laid down in the city, the revisionist is entitled to acquittal. Resultantly, the orders sentence passed by the Courts below are set-aside and he is acquitted;