The court permitted the compounding of an offence under Section 138 of the NI Act after the parties settled their dispute, leading to the acquittal of the petitioner.

JUDGMENT :

Virender Singh, J.

1. Petitioner-Pratap Chand has filed the present revision petition against the judgment dated 18.07.2024, passed by learned Additional Sessions Judge (CBI Court), Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No. 33-S/10 of 2024, titled as Pratap Chand vs. Shailendra Shrivastava.

2. By way of judgment dated 18.07.2024, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction, dated 07.03.2024 and order of sentence dated 12.03.2024, passed by the Court of learned Additional Chief Judicial Magistrate, Nahan, Court No.1, Shimla, H.P., (hereinafter referred to as the ‘trial Court’), in Compt. Regd. No. 51/2021, titled as Shailendra Shrivastava vs. Pratap Chand.

3. Vide judgment of conviction, dated 07.03.2024 and order of sentence dated 12.03.2024, 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 three months and to pay a compensation of Rs.1,50,000/- to the complainant.

4. After dismissal of the appeal by the learned 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.1833 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 No.969358, dated 02.12.2020, 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 07.03.2024 and order of sentence dated 12.03.2024.

8. Against the said judgment of conviction and order of sentence, he had filed the appeal before the learned Appellate Court and the learned 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 the settled amount to the complainant.

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. Respondent has also made the similar statement and has 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, dated 07.03.2024 and order of sentence dated 12.03.2024.

12. 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, complainant has received the remaining amount of compensation from the petitioner.

13. According to the respondent-complainant, the dispute with regard to Cheque No.969358 dated02.12.2020, has been settled.

14. Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No.1833 of 2025, is allowed and the parties are permitted to compound the offence.

15. Considering the fact that the application for compounding of the offence has been allowed, the present petition is allowed and the judgment of conviction, dated 07.03.2024 and order of sentence dated 12.03.2024, passed by learned trial Court in Compt. Regd. No.51/2021, which has been affirmed by learned Appellate Court, in Criminal Appeal No.33-S/10 of 2024, vide judgment dated 18.07.2024, are set aside a