2025:HHC:1371 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No.806 of 2024 Date of Decision: 07th January, 2025. Sushil Kumar .....Petitioner. Versus Vijender Singh ....Respondent. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Servedaman Rathore, Advocate. For the Respondent: Mr. Shaym Singh Chauhan, Advocate. Bipin Chander Negi, Judge (oral). CR. Revision No.806/24 and Cr. MP No.148/25 In the present Criminal Revision Petition bearing No.806 of 2024 a Cr.MP No.148 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 13.06.2022, whereby the petitioner was convicted by the learned Judicial Magistrate, 1st Class, Shillai, District Sirmaur, 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 three months and to pay a compensation of 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:1371 Rs.2,20,000/- to the complainant. In default of the payment, he has to undergo further SI for one month. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge, Sirmaur, District Nahan, HP, vide judgment dated 16.03.2023. 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. Entire compensation amount stands deposited in the Registry of this Court or before the trial Court. Therefore, Cr.MP No.148 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 Sessions Judge vide impugned judgment dated 16.03.2023 are quashed and set aside and the petitioner be released forthwith, in the case at hand. 5. Taking into account the financial position of the petitioner, which has been demonstrated in the application, 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 fixed @ 5% of the cheque amount. The same shall be paid to the H.P. State Legal Services Authority, Kasumpti, Shimla, H.P. within four weeks from today. It is made clear that the setting aside of the conviction and order of 3 2025:HHC:1371 sentence in the case at hand is subject to petitioner depositing 5% of the cheque amount as compounding fee before H.P. State Legal Services Authority. The present criminal revision stands disposed in the above terms of, so also the pending miscellaneous application(s), if any. Amount lying deposited in the Registry of this Court (Rs.1.75 lacs) and amount lying deposited before the trial Court (Rs.45,000/-) along with proportionate interest shall be released to the complainant/respondent on moving appropriate application and the petitioner/accused shall have no objection, if in case application is allowed. Report qua deposit of 5% of the cheque amount with HP State Legal Services Authority be sought from the concerned authority on or before 04.03.2025. 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 07th January, 2025 (Gaurav Rawat)