JUDGMENT : Sureshwar Thakur, J. 1. The instant petition stands instituted at the instance of the petitioner herein under Section 397 read with Section 401 of the Code of Criminal Procedure and is directed against the judgment of conviction recorded by the learned Sessions Judge, Shimla in cr. Appeal No.36-S/10 of 2015, whereby he affirmed the conviction recorded by the learned ACJM (2), Shimla in case No.1338-3 of 2014/13, upon the accused/petitioner, for his committing an offence punishable under Section 138 of the Negotiable Instruments Act besides affirmed the imposition upon the petitioner/accused by the learned trial Court, of sentences of simple imprisonment extending for a term of one year besides his being liable to pay compensation comprised in a sum of Rs. 1,00,000/-. 2. During the pendency of the instant revision petition before this Court, the learned counsel appearing for the contesting parties, have hereat made a joint prayer qua this Court proceeding to record an order for compounding the offence constituted by the dishonour of negotiable instrument issued by the petitioner/accused vis-a-vis the respondent-complainant. The learned counsel for the respondent/complainant, has, in his signatured statement, rendered without oath, made a disclosure therein, of the entire liabilities arising out of dishonour of negotiable instrument standing liquidated vis-à-vis it by the petitioner/accused, comprised in his depositing the sums in the trial Court. He makes a prayer in his signatured statement, that in case the sums of money, deposited by the petitioner/convict, are ordered to be released vis-a-vis the respondent/complainant, thereupon this Court may proceed to record an order for compounding the offence arising out of dishonour of negotiable instrument. The aforesaid statement rendered by the learned counsel for the respondent, is accepted, under a statement recorded by the learned vice counsel appearing for the petitioner/convict. 3. Cumulatively, this Court is constrained, to order for composition of the offence arising from dishonour of negotiable instrument. In sequel, the revision petition is accepted. The judgments impugned before this Court are quashed and set aside. The accused/petitioner is acquitted of the charge framed against him. The trial Court concerned is directed to release the sums of money, deposited by the petitioner/convict before it, in favour of the respondent/complainant, by remitting it, in its savings bank account against proper receipt and identification. 4. The judgments impugned before this Court are quashed and set aside. The accused/petitioner is acquitted of the charge framed against him. The trial Court concerned is directed to release the sums of money, deposited by the petitioner/convict before it, in favour of the respondent/complainant, by remitting it, in its savings bank account against proper receipt and identification. 4. Though, it is imperative for this Court, to as a condition precedent, for recording a binding order for composition of offences arising out of dishonour of Negotiable Instruments Act, hence impose upon the convict, penalty equivalent to 15% of the amount comprised in the dishonoured negotiable instruments. However, the learned counsel for the petitioner submits that with the petitioner extantly undergoing judicial custody also his holding no source of income, thereupon in consonance with the mandate of Apex Court, occurring in a judgment titled as Madhya Pradesh State Legal Services Authority versus 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, thereupon this Court also afford the apposite exemption vis-à-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 sums comprised in the dishonoured negotiable instrument. 5. In view of the above directions, the instant petition as well as pending applications, if any, are disposed of.