IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No.238 of 2024 Date of Decision: 06th January, 2025. Sandeep Guleria .....Petitioner. Versus State of HP & Anr. …..Respondents. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Tara Singh Chauhan, Sr. Advocate with Mr. Surya Chauhan, Advocate. For the Respondents: Mr. B.N. Sharma, Addl. Advocate General, for respondent No.1/State. Mr. Lovneesh Singh Thakur, Advocate, for respondent No.2. Bipin Chander Negi, Judge (oral). Cr. Revision No.238/24 and Cr. MP No.32/25 In the present Criminal Revision Petition bearing No.238 of 2024 a Cr.MP No.32 of 2025 for compounding of the offence has been filed. 2. The present criminal revision has been filed against the judgment dated 21.08.2023, whereby the petitioner was convicted by the learned Addl. Chief Judicial Magistrate, Court No.1, Mandi, District Mandi, HP for having committed offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as NI Act). He was sentenced to undergo simple imprisonment for a period four months and to 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 pay compensation of Rs.7,00,000/- to the complainant and in default of payment, he has to further undergo further SI for one month. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge, Mandi Division, District Mandi, HP, vide judgment dated 05.03.2024. Both these judgments and sentence order have been assailed by the petitioner in the instant criminal revision petition. 3. During the pendency of the present petition, it is submitted that the matter inter se the parties stands settled in terms of compromise dated 07.12.2024. Learned counsel for respondent No.2 admits to having received the entire compensation amount. 4. In view of the aforesaid, the judgment of conviction and order of sentence passed, in the case at hand, by the trial Court and upheld by the Sessions Judge vide impugned judgment dated 05.03.2024 are quashed and set aside, subject to depositing of 15% of the cheque amount as compounding fee. The same shall be paid to the H.P. State Legal Services Authority, Kasumpti, Shimla, H.P. within four weeks from today in terms of judgment passed by the Hon’ble Apex Court in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663. It is made clear that the setting aside of the conviction and order of sentence in the case at hand is subject to petitioner depositing 15% of the cheque amount as cost before H.P. State Legal Services Authority. 3 The present criminal revision stands disposed in the above terms of, so also the pending miscellaneous application(s), if any. In view of the aforesaid, amount lying deposited in the Registry of this Court and trial Court i.e. a sum of Rs.4,90,000/- and Rs.2,10,000/-, respectively be released in favour of the petitioner/accused on moving an appropriate application in this respect. The respondent/complainant has no objection, if in case, such application is filed. Report qua deposit of 15% of the cheque amount with HP State Legal Services Authority be sought from the concerned authority on or before 12.03.2025. In the meanwhile, petitioner is also free to place copy of receipt qua payment made to the HP State Legal Services Authority. (Bipin Chander Negi) Judge 06th January, 2025 (Gaurav Rawat)