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SANDEEP SHARMA, J. (ORAL) –

Instant criminal revision petition filed under Section 397 Cr.P.C., lays challenge to judgment dated 02.01.2023, passed by the learned Additional Sessions Judge-II, Solan Camp at Arki, District Solan, H.P., in Criminal Appeal No.28 ASJ-II/10 of 2019, titled Rameshwar Thakur Vs. Anant Ram, affirming judgment of conviction and order of sentence dated 31.10.2019/04.11.2019, respectively, passed by the learned Judicial Magistrate First Class, Arki, District Solan, H.P., in Criminal Case No.187/3 of 2015, whereby the learned trial Court while holding the petitioner-accused (hereinafter, ‘accused’) guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of eight months and pay compensation to the tune of Rs.2,25,000/- to the complainant.

2. Precisely, the facts of the case, as emerge from the record are that respondent-complainant (hereinafter, ‘complainant’) instituted a complaint under Section 138 of the Act, in the Court of learned Judicial Magistrate First Class, Arki, District Solan, H.P., alleging therein that accused with a view to discharge his liability issued Cheque for a sum of Rs.1,97,899/-, but fact remains that aforesaid Cheque on its presentation, was dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act.

3. Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 31.10.2019/04.11.2019, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and accordingly, convicted and sentenced him, as per the description given hereinabove.

4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the Court below, accused preferred an appeal in the Court of learned Additional Sessions Judge-II, Solan Camp at Arki, District Solan, H.P., which also came to be dismissed vide judgment dated 02.01.2023, as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioner-accused has approached this Court by way of instant proceedings, seeking therein his acquittal after setting aside the judgments of conviction recorded by the Courts below.

5. Before case at hand could be heard and decided on its own merits, parties have entered into compromise, whereby petitioner/accused has agreed to make entire amount of compensation to the respondent/complainant.

6. Perusal of order dated 15.05.2024 reveals that in compliance of order dated 19.04.2024, petitioner/accused remitted outstanding amount of Rs.1,20,000/- in the bank account of respondent/complainant, which fact was duly acknowledged by learned Senior Counsel representing the respondent/complainant, whereas sum of Rs.1,05,000/- already stands deposited before the learned trial Court and as such, petitioner herein has filed an application bearing Cr.MP No.1867 of 2024 under Section 147 of the Act, praying therein for compounding of offence under Section 138 of the Act.

7. Having taken note of the fact that parties have compromised the matter, whereby petitioner/accused has agreed to pay entire amount of compensation, awarded by Court below coupled with the fact that Rs.1,20,000/- already stands paid to the respondent/complainant, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence, while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon’ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663 = (2010) Law Today Live Doc. Id. 15231, wherein it has been categorically held that Court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the Courts below.

8. Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 02.01.2023 and 31.10.2019/04.11.2019, passed by the Courts below are quashed and set aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Interim order, if any, is vacated. Bail bonds, if any, are discharged. Needless to say, amount, if any, lying deposited with the learned trial Court is ordered to be released in favour of the respondent-complainant by remitting the same in his saving bank account, detail whereof shall be furnished by his counsel within one week.

9. However, this order shall be subject to deposit of 10% of the Cheque amount, by the petitioner/accused with the Himachal Pradesh State Legal Services Authority. Accordingly, the petition is disposed of alongwith pending applications, if any.

Order accordingly.

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