ORDER : Mansoor Ahmad MIR, J. - The petitioner/complainant filed a complaint before the Judicial Magistrate 1st Class, Court No. HI, Una, District Una, HP, titled as Ravinder Datyal v. Tirath Ram under Section 138 of the Negotiable Instruments Act, 1881 (for short NI Act). The respondent was convicted by the trial Court vide order dated 30th April, 2009 and was also sentenced by separate order dated 30th April, 2009 to pay a fine of Rs. 10,000/- and in default had to undergo seven days' imprisonment. 2. Feeling aggrieved, the petitioner/complainant questioned the order of sentence in a revision petition. The accused/respondent has not questioned the order of conviction. The learned Sessions Judge dismissed the revision petition. 3. This is how the complainant has filed this petition under Section 482 of the Code of Criminal Procedure for enhancement of sentence. 4. After hearing for a while, learned counsel for the parties prayed that they are under instructions to settle the issue. Learned counsel for the complainant stated at the Bar that he has already received Rs. 30,000/-. The accused/respondent has to pay Rs. 15,000/- i.e. Rs. 10,000/- out of the cheque amount and Rs. 5,000/- as compensation. His statement is taken on record. 5. Learned counsel for the respondent/accused stated at the Bar that he is not averse to the said preposition. However, he has stated that the respondent/accused has already deposited an amount of Rs. 10,000/- i.e. fine in the Court of first instance/trial Court be refunded to him. His statement is taken on record. 6. Keeping in view the mandate of Chapter XVII contained in the NI Act, 1881 read with the purpose and the object of the provisions contained in the said Chapter, I deem it proper to permit the parties to compound in terms of the mandate of Section 147 of the N.I. Act. Respondent is directed to deposit Rs. 15,000/-within two weeks from today before this Court, payable to the complainant/petitioner herein. After the needful is done, the trial Court is directed to refund Rs. 10,000/- to the accused/respondent herein. 7. In case the accused commits default, in that eventuality, the complainant is at liberty to lay a motion for recalling of the order. 8. Accordingly, the impugned orders are set aside and complaint disposed of as compounded. 9. On deposit of the amount of Rs.
10,000/- to the accused/respondent herein. 7. In case the accused commits default, in that eventuality, the complainant is at liberty to lay a motion for recalling of the order. 8. Accordingly, the impugned orders are set aside and complaint disposed of as compounded. 9. On deposit of the amount of Rs. 15,000/-, the Registry is directed to release the said amount through payee's cheque in favour of the complainant/petitioner, after proper identification. Send down the records. The petition is disposed of. Order accordingly.