JUDGMENT Sureshwar Thakur, J. (Oral) - The instant petition stands, directed against the judgement of the learned Additional Sessions Judge (II), Mandi, rendered in Cr. Appeal No. 37/2011 whereby he affirmed the judgment of the learned Chief Judicial Magistrate Mandi, H.P. convicting and sentencing the accused/petitioner, for his committing an offence punishable under section 138 of the Negotiable Instruments Act. 2. During the pendency of the revision petition before this Court, the respondent/complainant, has, in her statement on oath duly reduced into writing and signatured by her, made a disclosure, qua upon a sum of Rs. 72,500/- lying deposited in the Court of the learned Chief Judicial Magistrate, Mandi, being ordered to be released in her favour, thereupon she has no objection if this Court proceeds to accept the instant Criminal Revision. Moreover, she has also stated on oath, that the revisionist/accused be acquitted of the charge. 3. Consequently, accepting the statement on oath of the respondent/complainant, the offence constituted by the dishonour of Negotiable Instrument, is ordered to be compounded. In sequel, the revision petition is accepted and the impugned judgment is quashed and set-aside. The revisionist/accused stands acquitted of the charge. 4. Considering the aforesaid signatured statement(s) on oath of the contesting parties, the learned Chief Judicial Magistrate, Mandi, H.P. is directed to release the aforesaid amount(s) in favour of the respondent/complainant by remitting it in her saving(s) bank account against proper receipt and identification. 5. Though it is imperative for this Court, to as a condition precedent, for recording a binding order for composition of offence(s) arising out of dishonour of Negotiable Instruments Act, impose upon the convict, penalty equivalent to 15%, of the amount comprised in the dishonoured negotiable instrument(s). However, the learned counsel for the petitioner submits that with the petitioner extantly undergoing judicial custody at Central Jail, Nahan and also his holding no source of income, thereupon in consonance with the mandate of the Apex Court, occurring in a judgment titled as Madhya Pradesh State Legal Services Authority v. Prateek Jain and another reported in (2014) 10 SCC 690 , wherein, the Hon''ble Apex Court, has on evident display of indigent circumstances, besetting the convict, permitted High Courts, to exempt/waive imposition, of penalty in a sum quantified, at 15% of the amount constituted in the dishonoured Negotiable Instrument Act, this Court also afford the apposite exemption vis-a-vis the petitioner. Consequently, with the evident display of indigent circumstances besetting the accused, this Court is constrained to not impose upon him penalty quantified at 15% of the sum(s) comprised in the dishonoured negotiable instrument. Application be registered and disposed of accordingly. 6. In view of the above directions, the instant petition as well as all pending application(s), if any, are disposed of.