IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Revision No. 423 of 2024 Decided on: 08.01.2025 ____________________________________________________ Naresh Kumar ……….. petitioner Versus Gusain Ram & another ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Subhash Chander, Advocate. For the respondents : Mr. Bodh Raj Thakur, Advocate, for respondent No.1. Mr. R.S. Verma, Additional Advocate General, for respondent No.2. ____________________________________________________ Bipin C. Negi, Judge (oral) CR. Revision No.423/24 and Cr.MP No.212 of 2024 In the present Criminal Revision Petition bearing No.423 of 2024, a Cr.MP No.212 of 2025 for compounding of the offence has been filed. 2. The present criminal revision has been filed against the judgment of conviction and order of sentence dated 30.01.2024, whereby the petitioner was convicted by the learned Judicial Magistrate, First Class, Chachiot at Gohar, District Mandi, H.P. for having committed offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as NI Act). 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 He was sentenced to undergo simple imprisonment for a period six months and to pay compensation of Rs.5,30,000/- to the complainant. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge, Mandi Division Mandi, HP, vide judgment dated 03.06.2024. 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 entire compensation amount, in the case at hand stands deposited. An application for compounding of the offences in the case at hand has been filed. Learned counsel appearing on behalf of the respondent submitted that he does not intend to file the reply to the application for compounding of the offence as the matter in question stands compromised inter se the parties, in terms of compromise appended alongwith the application as Annexure A-1, therefore, Cr.MP No.212 of 2025 for compounding of the offences is allowed. 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 learned Sessions Judge vide impugned judgment dated 03.06.2024 are quashed and set aside, subject to depositing of compounding fee by the applicant/petitioner. Keeping in view the financial position of the applicant/petitioner/accused in the case at hand, which has been 3 duly demonstrated in the application, amount of compounding fee in terms of judgment passed by the Hon’ble Apex Court in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663 is reduced to 5% of the cheque amount. The same shall be paid to the H.P. State Legal Services Authority, Kasumpati, Shimla, H.P. within four weeks from today. It is made clear that the setting aside of the conviction and order of sentence in the case at hand is subject to applicant-petitioner depositing before H.P. State Legal Services Authority 5% of the cheque amount as costs before H.P. State Legal Services Authority. The present criminal revision stands disposed of in the above terms of, so also the pending miscellaneous application(s), if any. Report qua deposit of 5% of the cheque amount with HP State Legal Services Authority be sought from the concerned authority on or before 03.03.2025. (Bipin Chander Negi) Judge January 08, 2025 tarun