IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. 490 of 2023 Date of Decision: 17.04.2026 _______________________________________________________ Devi Singh …….Petitioner Versus Ram Prakash … Respondent _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. D.S. Kainthla, Advocate. For the Respondent: Mr. Ashwani Kumar Negi, Advocate. _______________________________________________________ Sandeep Sharma, Judge(oral): Instant Criminal Revision Petition filed under Section 397 read with Section 401 of Cr.P.C, lays challenge to judgment dated 28.06.2023 passed by learned Sessions Judge, Mandi, District Mandi, Himachal Pradesh, in Criminal Appeal No.33 of 2023, affirming the judgment of conviction dated 28.12.2022 and order of sentence dated 16.01.2023 passed by learned Chief Judicial Magistrate, Mandi, District Mandi, Himachal Pradesh in Case registration No.911 of 2017, whereby learned trial Court, while holding the petitioner-accused (hereinafter, ‘accused’) guilty of having committed offence punishable under S. 138 of the Negotiable Instruments Act, (for short ‘Act’) convicted and sentenced him to undergo simple imprisonment for a period of six months and pay fine 1Whether the reporters of the local papers may be allowed to see the judgment? 2 amount of Rs.60,000/- to the respondent-complainant as compensation (hereinafter, ‘complainant’). 2. Precisely, the facts of the case, as emerge from the record are that the respondent-complainant instituted a complaint under Section 138 of the Act in the competent Court of law, alleging therein that cheque bearing No.620543, dated 11.05.2017, amounting to Rs. 46,000/-, having been issued by the petitioner-accused towards discharge of his lawful liability was dishonoured on account of insufficient funds in the bank account of the accused. Since, despite having received legal notice, accused failed to make the payment good well within stipulated time, complainant was compelled to initiate proceedings under Section 138 of the Act in the competent Court of law, which subsequently on the basis of evidence adduced on record by the respective parties, held the accused guilty of having committed offence punishable under S. 138 of Act and accordingly convicted and sentenced him as per description given herein above. 3. Though, being aggrieved and dissatisfied with aforesaid judgment of conviction and order of sentence passed by learned trial Court, accused preferred an appeal in the Court of learned Sessions Judge, Mandi District Mandi, H.P, but same was dismissed vide judgment dated 28.06.2023. In the aforesaid background, petitioner- accused has approached this court in the instant proceedings, praying therein for his acquittal after setting aside judgments of conviction and 3 order of sentence passed by learned trial Court as well as Appellate Court. 4. Vide order dated 21.09.2023, this Court suspended the substantive sentence imposed upon the accused by learned trial Court, subject to the petitioner-accused depositing 30% of the compensation amount and furnishing bail bonds in the sum of Rs. 50,000/-, with one surety of the like amount to the satisfaction of learned trial Court. Aforesaid order has been complied with. 5. Before the case at hand could be heard and decided on its own merit, petitioner has entered into the compromise with the respondent/Complainant, whereby they have resolved to settle their dispute amicably interse them. 6. Today, during the proceedings of the case, learned counsel representing the petitioner stated that the petitioner has entered into the compromise with the respondent-complainant, whereby they have resolved to settle their dispute amicably. He stated that sum of Rs. 22000/- has been already paid to the respondent-complainant, whereas remaining amount i.e. Rs. 18000/- and Rs. 20,000/- lying deposited with the learned trial Court as well as Registry of this Court can be ordered to be released in favour of the respondent-complainant and thereafter, this Court, while exercising power under Section 147 of the Act, may proceed to compound the 4 offence and acquit the accused of charge framed against him under Section 138 of the Act. 7. Mr. Ashwani Kumar Negi, learned counsel representing the respondent-complainant submitted that respondent-complainant shall have no objection in compounding the offence in case, amount lying deposited with the learned trial Court as well as Registry of this Court, is ordered to be released in favour of the respondent/ complainant. 8. Though, no application under Section 147 of the Act has been filed by the petitioner for compounding the offence, however, this Court has sufficient power to compound the offence under Section 147 of the Act, especially when the complainant is ready and willing for the same, as has been fairly stated by the learned counsel for respondent- complainant. 9. Having taken note of the fact that entire amount of compensation has been agreed to be paid to the respondent- complainant and respondent-complainant has no objection in compounding the offence, 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, wherein it has been categorically held that court, while exercising 5 power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction. 10. Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and order of sentence passed by learned trial Court as well as Appellate Court are set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Bail bonds, if any, are discharged. Interim order, if any, is vacated. 11. Learned trial Court as well as Registry of this Court is directed to release the amount lying deposited with it in favour of the respondent-complainant, by remitting the same in his saving bank account, details whereof shall be furnished by learned counsel for the respondent-complainant within a period of two weeks. (Sandeep Sharma), Judge April 17,2026 (shankar)