The court allowed the compounding of the offence under Section 138 of the NI Act based on mutual settlement, leading to the acquittal of the petitioner.

JUDGMENT :

Virender Singh, J.

1. Petitioner-Arun Kumar Sahani has filed the present revision petition against the judgment dated 29.07.2022, passed by learned Additional Sessions Judge (CBI), Shimla, H.P. (hereinafter referred to as the ‘First Appellate Court’) in Criminal Appeal No. 38-R/10 of 2019, titled as Arun Kumar Sahani vs. Anoop Chauhan.

2. By way of judgment dated 29.07.2022, the learned First Appellate Court has dismissed the appeal filed, by the petitioner, against the judgment of conviction dated 20.11.2019 and order of sentence dated 28.11.2019, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., (hereinafter referred to as the ‘trial Court’) in Criminal Case No. 142/3 of 2018, titled as Anoop Chauhan vs. Arun Kumar Sahni.

3. Vide judgment of conviction dated 20.11.2019 and order of sentence dated 28.11.2019, learned trial Court has convicted the petitioner, for the offence, punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment, for a period of one year and to pay a compensation of Rs.5,00,000/- to the complainant.

4. After dismissal of the appeal by the learned First Appellate Court, the present revision petition has been preferred.

5. During the pendency of the present petition, the parties have settled the matter. Thereafter, the petitioner has filed application bearing Cr.MP No.1218 of 2025, for permitting the parties to compound the offence, on the ground that the matter has been settled between the parties.

6. Statement of both the parties have been recorded, in which, they both have deposed that the dispute with regard to Cheque Nos.133402 & 133401, amounting to Rs.2,00,000/- each, has been settled between the parties.

7. Today, the accused is present before this Court. He has deposed that he has been convicted and sentenced by the learned trial Court vide judgment of conviction dated 20.11.2019 and order of sentence dated 28.11.2019.

8. Against the said judgment of conviction and order of sentence, he had filed the appeal before the learned First Appellate Court and the learned First Appellate Court has also dismissed his appeal. Now, he is before this Court, in the present revision petition.

9. In addition to this, the accused has also submitted that during the pendency of the revision petition, the matter has been compromised between him and the complainant and he has also paid/deposited the entire amount of compensation.

10. The petitioner has also deposed that on the basis of the said compromise, the present petition may kindly be allowed by setting aside the judgment of conviction and order of sentence, referred to above, and he may kindly be acquitted of the charge.

11. The petitioner has also deposed that he has deposited a sum of Rs.1,25,000/-, before the learned trial Court and Rs.3,55,000/-, in the Registry of this Court. He has also deposed that in addition to this, he had paid a sum of Rs.20,000/- to the complainant during the pendency of the case, before the learned trial Court.

12. Respondent has also made the similar statement and has prayed that the amount deposited by the petitioner before the learned trial Court, as well as, before the Registry of this Court, may kindly be released, in his favour. He has also deposed that he has no objection, in case the present petition is allowed and the accused is acquitted by setting aside the judgment of conviction dated20.11.2019 and order of sentence dated 28.11.2019.

13. On the basis of the statements, so made by the parties, one thing is clear that the matter has been settled between the parties and in pursuance of the said settlement, the petitioner has paid/deposited the entire amount of compensation.

14. According to the respondent-complainant, the dispute with regard to Cheque Nos. 133402 & 133401, has been settled.

15. Since, the matter, with regard to cheques, in question, has been settled between t