The court allowed the compounding of an offence under Section 138 of the Negotiable Instruments Act due to a compromise between the parties, resulting in the acquittal of the petitioner.

JUDGMENT :

Virender Singh, J.

Petitioner-Hardeep Singh has filed the present Criminal Revision Petition against the judgment dated 30.12.2023, passed by the learned Additional Sessions Judge-I, Una, District Una, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.8/2023, titled as ‘Hardeep Singh Vs. Manjeet Kumar’.

2. By way of judgment dated 30.12.2023, the learned First Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction dated 25.11.2022 and order of sentence dated 29.11.2022,passed by the Court of learned Judicial Magistrate First Class, Court No.3, Amb, District Una, H.P. (hereinafter called as the trial Court), in case RBT No.201-I-21/17/2016, titled as ‘Manjeet Kumar Vs. Hardeep Singh’.

3. Vide judgment of conviction dated 25.11.2022 and order of sentence dated 29.11.2022, the 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 six months and to pay a compensation of Rs.1,35,000/- to the complainant.

4. After dismissal of the appeal by the learned First Appellate Court, the present Criminal Revision Petition has been preferred.

5. Now, the petitioner has moved application, bearing CrMP No.570 of 2025, under Section 147 of NI Act, read with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for compounding of offence on the ground that now, the parties have compromised the matter and the terms and conditions of the compromise have been reduced into writing, vide Compromise Deed (Annexure A-1). According to the petitioner, he has deposited the entire compensation amount and now, there is nothing due towards him.

6. Today, statements of both the parties have been recorded, in which, they have deposed that the dispute, with regard to Cheque No.115514, dated 30.08.2016, has been settled between them.

7. The complainant has stated on oath, regarding the factum, as to why, he has filed the complaint against the accused, in which, the judgment of conviction and order of sentence have been passed, which has unsuccessfully been assailed, before the learned First Appellate Court. He has also deposed that the matter has been settled between them, with regard to Cheque No.115514, dated 30.08.2016, amounting to Rs.1,00,000/. According to him, he has no objection, if the present revision petition is allowed and the judgment of conviction and order of sentence are ordered to be set aside and the amount of compensation be released in his favour.

8. Petitioner is also present before this Court and he has also stated in the aforesaid terms. He has also deposed that on the basis of the compromise, the present petition may be allowed by setting aside the judgment of conviction and order of sentence, referred to above, and he may be acquitted from the offence, punishable under Section 138 of NI Act. He has further deposed that he has no objection in case, the amount of compensation is released in favour of the complainant.

9. In addition to this, the petitioner has also put forward the indigent circumstances, by stating that some relaxation may be given in the compounding fee.

10. Apart from this, the petitioner-accused has also given an undertaking that he will deposit the compounding fee, within a period of eight weeks from today and in case, he fails to deposit the compounding fee, within the stipulated period, the revision petition, may be treated as dismissed and in that eventuality, he will surrender before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court.

11. Considering the statement of the parties, as well as, considering the fact that the matter has been settled between the accused (petitioner) and the complainant, application, bearing CrMP No.570 of 2025, is allowed and the pet