Sandeep Sharma, J. (Oral)

1. By way of instant petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita read with Section 147 of the Negotiable Instruments Act (for short ‘Act’), prayer has been made on behalf of the petitioner-accused for compounding of the offence alleged to have been committed by him under Section 138 of the Act.

2. No reply is intended to be filed on behalf of the respondent. Mr. Hemant Kumar Sharma, learned counsel appearing for the respondent/ complainant, fairly states that after passing of judgment dated 30.3.2026 by this Court, whereby judgment of conviction and order of sentence recorded by learned court below came to be upheld, parties have entered into the compromise, whereby respondent-complainant has received the entire amount of compensation and as such, prayer made in the instant petition can be accepted.

3. Precisely, the facts of the case, as emerge from the record are that respondent-complainant (hereinafter, ‘complainant’) instituted a complaint under Section 138 of the Act, in the competent Court of law, alleging therein that accused, who is doing business of transportation, approached him for an amount of Rs. 2.00 lakh, to purchase a vehicle. Complainant alleged that on the afore request of the accused, he had withdrawn sum of Rs. 2,40,000/- from his JCC Bank Account, Arki Branch and out of the said withdrawal, sum of Rs. 2.00 lakh was given to the accused in cash on 21.9.2013, who assured to return the same within a short span, however, since despite many requests accused failed to pay the amount. Subsequently with a view to discharge his liability, accused issued cheque bearing No.473325 dated 12.4.2017 amounting to Rs. 2,00,000/- in favour of the complainant, however fact remains that aforesaid cheque on its presentation to the bank concerned, was dishonoured on account of “insufficient funds”. Since accused failed to make the payment good within the time period stipulated in legal notice issued to him, complainant had no option but to initiate proceedings under Section 138 of the Act in the competent court of law.

4. Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 6.5.2022, held the petitioner-accused guilty of having committed offence punishable under Section 138 of the Act and accordingly, convicted and sentenced him to undergo simple imprisonment for a period of one month and pay compensation to the tune of Rs. 2,50,000/- to the complainant.

5. Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the court below, petitioner-accused preferred an appeal before the learned first appellate Court, but the same was dismissed vide judgment dated 18.12.2023. Petitioner-accused preferred Criminal Revision No.151 of 2024 in this Court, which also came to be dismissed vide judgment dated 30.3.2026.

6. After passing of aforesaid judgment dated 30.3.2026 petitioner-accused compromised the matter with the respondent/ complainant/bank, whereby entire amount of compensation awarded by learned trial Court stands paid to respondent/complainant. In the aforesaid background, petitioner-accused has approached this Court in the instant petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, praying therein for compounding of the offence under Section 147 of the Act.

7. Respondent-complainant Rakesh Kumar, who is present in the Court and is duly represented by Mr. Manohar Lal Sharma, Advocate states on oath that he of his own volition and without there being any external pressure has entered into compromise with the petitioner. He has received sum of Rs. 1,25,000/- from the petitioner and in case remaining amount lying deposited with the Registry of this Court and learned trial Court is released in his favour, he shall have no objection in case offence is ordered to be compounded.

8. Question which needs to be decided at first instance is that “whether after upholding the ju