1. By way of instant criminal revision petition filed under S.397/401 CrPC, challenge has been laid to judgment dated 25.9.2019, passed by learned Additional Sessions Judge Mandi, District Mandi, camp at Sundernagar, Himachal Pradesh in Cr. Appeal No. 62/2012 affirming judgment of conviction and order of sentence dated 8.10.2012/10.10.2012 passed by learned Judicial Magistrate First Class, Court No.1, Sundernagar, Mandi in Cr. Complaint No. 1-III/2009, whereby learned trial court below, while holding the petitioner-accused (hereinafter, ‘accused) guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereinafter, ‘Act’) convicted and sentenced him to under simple imprisonment for one year and pay fine of Rs. 1,25,000/- as compensation to the respondent/complainant (hereinafter, ‘complainant’).

2. Precisely, the facts of the case, as emerge from the record, are that respondent filed complaint under S.138 of the, in the competent court of law alleging therein that with a view to discharge his liability, accused issued cheque bearing No. 267176 Exhibit CW-1/A dated 31.7.2018 for Rs. 1.00 Lakh drawn at Kangra Central Co-operative Bank Limited Badukhar. However, the fact remains that the aforesaid cheque on its presentation was dishonoured on account of insufficient funds in the account of the accused. Since despite having received legal notice, accused failed to make good the payment, complainant was compelled to institute proceedings under S.138 of the before learned trial Court, who subsequently on the basis of the evidence led on record by the parties, held the accused guilty of having committed offence punishable under S.138 of the and accordingly convicted and sentenced him as per description given above.

3. Being aggrieved and dissatisfied with judgment of conviction and order of sentence, the accused preferred an appeal in the court of learned Additional Sessions Judge, Mandi, District Mandi, camp at Sundernagar, which came to be dismissed on 25.9.2019. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein for his acquittal after setting judgments of conviction and order of sentence.

4. Vide order dated 13.8.2021, this court suspended the substantive sentence imposed upon the accused by learned trial Court subject to accused depositing entire amount of compensation, but the fact remains that the aforesaid order was never complied with, within the time stipulated and the matter was adjourned repeatedly, enabling the petitioner to settle matter with the complainant.

5. Today during the proceedings of the case, learned counsel for the accused submitted that the entire amount of compensation stands deposited with the Registry of this Court and same can be ordered to be released in favour of the complainant. Learned counsel for the petitioner further states that since accused is ready and willing to make payment of entire amount of compensation, this court while exercising power under S. 147 may order compounding of the offence and acquit the accused.

6. Learned counsel for the respondent fairly states that in case amount lying deposited with the Registry of this court is ordered to be released in favour of the complainant, he has no objection in case this Court accepts the prayer of the accused for compounding of the offence and acquitting the accuse.

7. Having taken note of the fact that the petitioner is ready and willing to pay entire amount of compensation to the complainant and complainant also has no objection in compounding of offence, in case entire amount is released in his favour, this court sees no impediment in accepting the prayer made on behalf of the accused for compounding of the offence, while exercising power under S.1477 of the and in terms of the guidelines laid down by Hon'ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, [LQ/SC/2010/479] wherein Hon'ble Apex Court has categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below.

8. Consequently, in view of above, prayer made on behalf of the accused is allowed and offence committed by him under S.138 of the is ordered to be compounded. Judgments of conviction and order of sentence passed by learned courts below are quashed and set aide. Accused is acquitted of the offence under S.138 of the. Bail bonds, if any, furnished by the accused are discharged.

9. Registry is directed to release the entire amount of compensation deposited by the accused with it, in favour of the complainant, on his furnishing details of savings bank account, within a week.

10. Petition stands disposed of in the afore terms, alongwith all pending applications.