1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP No.3893 of 2025 in Criminal Revision No.160 of 2021 Date of Decision : 09.05.2025 Mohan Lal …… Applicant Versus Jeet Ram Madaik ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the Applicant : Mr. Ravinder Singh Chandel, Advocate. For the Respondent : Mr. Arsh Chauhan, Advocate. Bipin Chander Negi, Judge (oral) By way of present application filed under Section 147 of the Negotiable Instrument Act read with Section 528 of the Bharatiya Nagrik Suraksha Sanhita, prayer has been made on behalf of the applicant for compounding of offence punishable under Section 147 of Negotiable Instruments Act (herein after referred to as NI Act). No reply is intended to be filed. 2. Brief facts giving rise to the case at hand are that on a complaint filed by the present respondent against the applicant under Section 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 138 of the Act before learned Additional Chief Magistrate, Theog, District Shimla H.P., in Criminal case No.199/3 of 2012, the applicant had been convicted and sentenced to simple imprisonment for six months and the respondent was awarded compensation to the tune of Rs.2,50,000/-(Rupees Two Lacs Fifty Thousands only) to be paid by the applicant to the respondent for loss and injury suffered by him. 3. Feeling aggrieved with the aforesaid judgment/order dated 30.09.2019 and 06.11.2019, the present applicant had preferred a Cr. Appeal No.18-T/10 of 2019. The said appeal was upheld vide judgment dated 15.07.2021. 4. Feeling aggrieved by the aforesaid judgment, the present applicant had preferred a Criminal Revision No. 160 of 2021 before this Court. The said Revision Petition had been dismissed on 07.11.2024. 5. After passing of the judgment dated 07.11.2024, the applicant has compromised the matter with the respondent. In pursuance to the compromise so entered into inter se the parties, the applicant has paid Rs.2,06,000/- to the respondent and balance Rs.44,000/- has been deposited in the Registry of this Court by the applicant. 6. The question with respect to maintainability of a petition filed under Section 147 of Cr.P.C. post recording of conviction and sentence being upheld by this Court in a revision came up for consideration before this Court in Cr.MP No. 508 of 2023 in Cr. Revision No. 332 of 2021, titled Naresh Kumar vs. Trilok Chand, decided on 01.03.2023, wherein it was held that this Court can proceed to compound offence punishable under Section 138 of 3 N.I. Act even after upholding the judgment of conviction and order of sentence recorded by the learned trial Court. Other than the aforesaid, the applicant has drawn the attention of this Court to judgment passed by the Apex Court to the same effect in Special Leave Petition (Criminal) No.8050 of 2025, titled Gian Chand Garg vs. Harpal Singh and another. 7. Consequently in view of aforesaid, this Court finds no impediment in accepting the prayer made on behalf of the applicant through instant petition for compounding of the offence and the same is allowed. Order dated 07.11.2024 passed in Cr. Revision No. 160 of 2021 is recalled. Matter is ordered to be compounded inter se parties. Impugned judgments of conviction and order of sentence passed by both the learned Courts below are quashed and set aside. Accused is acquitted of the offence punishable under Section 138 of the Act. 8. In terms of judgment passed by the Hon’ble Apex Court in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663, the applicant shall pay compounding fee i.e. 15 % of the cheque amount as costs. The same shall be paid to the H.P. State Legal Services Authority, Kusumpati, Shimla, H.P. within two months 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 depositing before H.P. State Legal Services Authority 15 % of the cheque amount as costs. 9. Qua Rs.44,000/- (Rupees Forty Four Thousand) deposited by the applicant in the Registry of this Court vide DD No.071119 dated 4 12.01.2024, the respondent is free to move an application for withdrawal of the same. The application stands disposed of in the aforesaid terms. ( Bipin Chander Negi) September 05, 2025 (KS) Judge