1 ( 2025:HHC:1845 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No.64 of 2024 Date of Decision : 08.01.2025 Roshan Lal …… Petitioner Versus Bhim Dev ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 No For the petitioner : Mr. Lal Singh Mehta, Advocate. For the respondent : Mr. Vishal Singh Verma, Advocate. Bipin Chander Negi, Judge (oral) In the instant Revision Petition, an application under Section 147 of Negotiable Instruments Act (hereinafter referred to as “the N.I. Act”), i.e., Cr.MP No.5543 of 2024, for compounding of offence punishable under Section 138 of the N.I. Act, has been filed by the petitioner. From perusal of the application, it is evident that the matter inter se parties stands compromised. 2. No reply is intended to be filed on behalf of the non-applicant/respondent and he has no objection for compounding of the offence, in the case at hand, as the matter stands compromised inter se the parties. Besides the aforesaid, learned counsel for the respondent/complainant submits that 40% of the compensation amount has been deposited before the Trial Court, which was later on released vide order 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:1845 ) dated 24.08.2024, passed by the Coordinate Bench of this Court, in favour of the respondent/complainant. Apart from that, an amount of Rs.2,20,000/-, was deposited in the Registry of this Court and has been released in favour of the respondent/complainant vide order dated 19.11.2024 passed by this Court. Other than the aforesaid, an amount of Rs.1,000/- stands received by the respondent/complainant through counsel. As far as the remaining amount of compensation is concerned, a Demand Draft No.865273 dated 25.10.2024 for an amount of Rs.1,72,000/- stands filed by the petitioner/ accused in this Registry of this Court. Copy of same is appended along with the present application (Cr.MP No.5543/2024). 3. Briefs facts giving rise to the case at hand are that on a complaint filed by the present respondent against the petitioner under Section 138 of the Act before learned Chief Judicial Magistrate, Rampur Bushehar, District Shimla, Himachal Pradesh, in Complaint/Registration No.110 of 2019, the petitioner had been convicted and sentenced to undergo simple imprisonment for a period of one year and to pay a compensation of Rs. 6,55,000/- to the complainant. 4. Feeling aggrieved with the aforesaid judgment of conviction dated and order of sentence dated 15.06.2023, the present petitioner had preferred Criminal Appeal/CIS Case Regd. No.45/2023. The said appeal was dismissed vide judgment dated 01.01.2024. 5. Being aggrieved by the aforesaid judgment, the petitioner had preferred present Criminal Revision before this Court. 6. As noticed here-in-above, during pendency of the present Revision Petition, the petitioner had compromised the matter with the 3 ( 2025:HHC:1845 ) respondent. Now, in order to settle the matter with the respondent, the petitioner has already paid, deposited the entire compensation amount. 7. Consequently in view of aforesaid, this Court finds no impediment in accepting the prayer made on behalf of the petitioner through application (Cr.M.P. No.5543 of 2024) for compounding of the offence and the same is allowed. The 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. Petitioner-accused is acquitted of the offence punishable under Section 138 of the N.I. 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 petitioner was required to pay compounding fee i.e. 15 % of the cheque amount as costs. However, taking into account the position of the petitioner and the fact that he is a Driver by profession and has a family to maintain, the compounding fee, in the case at hand, is reduced to 5% of the cheque amount. The same be paid to the H.P. State Legal Services Authority, Kusumpati, Shimla-9, H.P., within a period of four weeks from today. 9. Report qua deposit of 5% of the cheque amount with HP State Legal Services Authority be sought from the concerned authority on or before 01.03.2025. In the meanwhile, petitioner is also free to place copy of receipt qua payment made to the HP State Legal Services Authority. 10. Learned counsel for the respondent/complainant is free to move an application for release of amount in this Registry of this Court. The petitioner/accused would have no objection, if in case an application for 4 ( 2025:HHC:1845 ) release of the remaining amount of compensation, i.e., Rs.1,72,000/- as mentioned above, is filed by the present respondent/complainant. 11. Petition stands disposed of in the aforesaid terms, so also the pending miscellaneous application(s), if any. (Bipin Chander Negi) January 08, 2025 (KS) Judge