The court allowed the compounding of the offence under Section 138 of the Negotiable Instruments Act based on the parties' out-of-court settlement, in line with the ratio of law laid down by the Apex Court.

JUDGMENT :

SANJAY KAROL, J.

1. It is heartening to note that with the intervention of the learned counsel for the parties as also Mr. Naresh Kumar Sood, Senior Advocate, who was requested by the Court to mediate, parties have arrived at an out of Court settlement. Efforts put in by the learned counsel as well as by the learned Mediator are highly appreciable.

2. Assailing the judgment dated 28.11.2013/ 9.12.2013, passed by learned Judicial Magistrate 1st Class, Court No. 3, Shimla, in Case No. 376/3 of 2012, titled as Golf Link Fianance v. Om Prakash, as affirmed by the learned Sessions Judge, Shimla, vide judgment dated 20.6.2015, passed in Cr.Appeal No.46-S/10 of 2014, titled as Om Parkash v. Golf Link Finance, the accused-petitioner has filed the present Revision Petition under the provisions of Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973.

3. It is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of six months and pay compensation of Rs. 30,000/- to the complainant, in relation to offence punishable under Section 138 of the Negotiable Instruments Act. The judgment of conviction and sentence has been upheld by the learned Sessions Judge, Shimla.

4. Parties have amicably resolved their dispute, in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663.

5. Petitioner states that he has paid a sum of Rs. 25,000/- to the respondent and undertakes pay the balance amount of Rs. 5,000/- on or before 15.2.2016. Terms of the compromise stands incorporated in the report of the learned Mediator, which shall form part of this judgment. Petitioner also undertakes to deposit 15% of the cheque amount in the Registry of this Court within eight weeks from today, which shall be remitted to the Himachal Pradesh Legal Services Authority.

6. Petitioner's undertaking is accepted and accordingly the offence is compounded and the judgments of conviction and sentence passed by the Courts below are set aside.

7. It is clarified that in the event of non fulfilment of the solemn undertaking furnished by the petitioner to this Court, not only the judgments of conviction and sentence would automatically revive but also proceedings for violation of the undertaking, under the provisions of the Contempt of Courts Act as also the Constitution of India, shall be initiated against him. With the aforesaid observations, present Revision Petition stands disposed of, so also the pending application, if any.