The offence under Section 138 of the Negotiable Instruments Act can be compounded if the parties reach an amicable settlement.

JUDGMENT :

(Virender Singh, J.)

Petitioner-Ram Singh has filed the present revision petition against the judgment dated 22.04.2022, passed by learned Sessions Judge, Mandi, District Mandi, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.197 of 2018, titled as Ram Singh versus Himachal Gramin Bank & Another.

2. By way of judgment dated 22.04.2022, the learned First Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 08.10.2018, passed by the Court of learned Judicial Magistrate First Class, Court No.3, Mandi, District Mandi, H.P., (hereinafter referred to as the ‘trial Court’), in Case No.391-II/16/2012, titled as Himachal Gramin Bank versus Ram Singh.

3. Vide judgment of conviction and order of sentence dated 08.10.2018, 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.5,48,000/- 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.5354 of 2024, 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.455954, dated28.07.2012, 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 and order of sentence dated 08.10.2018.

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 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. He has also deposed that he has deposited a sum of Rs.1,10,000/-, before the learned trial Court and Rs.1,65,000/-, in the Registry of this Court.

11. In addition to this, the petitioner has also put forward the indigent circumstances, by stating that a lenient view may kindly be taken in the matter of compounding fee.

12. On behalf of the respondent, Mr. Anirudh Sharma, Advocate, has 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 favour of the respondent. 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 and order of sentence dated 08.10.2018.

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

14. According to the learned counsel for the respondent-complainant, the dispute with regard to Cheque No.455954 dated 28.07.2012, has been settled.

15. Since, the matter, with regard to cheque, in question, has been settled between the parties, as such,