IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. 66 of 2001. Date of decision:10.4.2008 ________________________________________________________ Madan Lal .. ..Petitioner Versus State of H.P. .. ..Respondent Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the Petitioner: Mr.Ajay Sharma, Advocate. For respondent: Mr.R.M.Bisht, Dy.A.G. _____________________________________________________ Deepak Gupta, J.(oral) This Revision is directed against the judgment of the learned Sessions Judge, Una passed in Criminal Appeal No.20 of 1998 whereby he has upheld the judgment passed by the learned Chief Judicial Magistrate, Una in Criminal complaint No.113/95 convicting the petitioner of having committed an offence punishable under Section 138-A of the Negotiable Instruments Act and sentencing him to pay fine of Rs.45,000/- and in default of payment of fine to undergo simple imprisonment for 3 months. The brief facts are that the accused issued a cheque dated 22.3.1995 for Rs.45,000/- in favour of the complainant Kasturi Lal Khurana. This cheque bounced and complaint was filed. The petitioner was convicted as mentioned hereinabove. Appeal filed by the petitioner was rejected. …2… There have been subsequent developments during the pendency of the present Revision Petition which are material to decide the present case. Kasturi Lal Khurana expired and thereafter his son Yesh Pal Khurana filed an application for recovery of the amount of fine. Out of the pension of the petitioner a sum of Rs.1200/- per month was ordered to be attached. Thereafter, Yesh Pal Khurana son of the original complainant and the petitioner entered into a compromise. The application filed by Yesh Pal Khurana was disposed of by the CJM, Una vide order dated 20.4.2004. The said order reads as follows: “The said Yash Pal present in the Court has stated that Madan Lal has paid him in lump sum Rs.30,000/- and now he has no objection in the release of pension attached to the extent of Rs.1200/- by order of the court. The applicant Madan Lal has affirmed such statement by highlighting that he has paid Rs.30,000/- (Thirty thousand only) to Yash Pal son of Kasturi Lal since deceased. He has further highlighted that the attachment to the extent of Rs.1200/- from his pension may be released. Sh.O.P. Verma advocate his counsel has relied upon the original receipt evidencing the payment of Rs.30,000/- by the applicant to Yash Pal as well as an affidavit attached with this application, I am satisfied that the parties have patched up their dispute over payment of Rs.30,000/- by Madan Lal to Yash Pal s/o Kasturi Lal deceased and there is no necessity now to continue the attachment of the pension amount of applicant Madan Lal. Accordingly, the order dated 19.12.2001 vide which a sum of Rs.1200 out of the amount accruing to the said Madan Lal was ordered to be credited to the …3… account of Yash Pal by Manager, State Bank of India, Amb, is hereby withdrawn and the attachment so ordered is vacated. The concerned Manager of State Bank of India, Amb is hereby directed not to credit the aforesaid amount henceforth to the account of Yash Pal A/c.No.01190000558 from the account of Madan Lal A/c.No.011900759 as had been directed by this Court earlier vide order dated 19.12.2001. The concerned manager be intimated separately with a copy of this order. The application stands disposed of. Be tagged/consigned.” A perusal of the aforesaid order clearly shows that the matter has been compromised and settled between the parties and the parties have agreed that a sum of Rs.30,000/- stands paid. Consequently, in view of the compromise entered into between the parties the order of both the courts below are modified and the amount of fine is reduced to Rs.30,000/- which stands paid by the petitioner. The petition is accordingly disposed of. April 10, 2008. ( Deepak Gupta ), PV Judge