JUDGMENT Tarlok Singh Chauhan, J. - Looking to the nature of order, I propose to pass, it is not at all necessary to delve into the facts in detail. Suffice it to state that the complainant/respondent No.1 instituted a complaint under Section 138 of the Negotiable Instruments Act (for short ''Act'') against the petitioner on the allegations that a cheque of Rs. 1,00,000/- handed over by the petitioner to respondent No. 1 in order to discharge his liability had been dishonoured. The complaint was decided in favour of respondent No. 1 by the learned trial Magistrate and the petitioner was sentenced to undergo simple imprisonment for one year and also directed to pay a compensation of Rs. 1,20,000/-. 2. Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 02.06.2015/25.06.2015, though the petitioner preferred an appeal before the learned Additional Sessions Judge-I, Shimla, District Shimla , H.P., however, the same came to be dismissed vide judgment dated 01.08.2016, constraining the petitioner to file the instant revision petition. 3. Admittedly, the petitioner, in addition to the compensation amount of Rs. 1,20,000/- has deposited a sum of Rs. 20,000/- and prays for compounding the case. Since, the petitioner has paid not only the principal compensation amount but an additional amount of Rs.20,000/-, therefore, the matter can be given quietus in terms of the judgments rendered by the Hon''ble Supreme Court in Priyanka Nagpal versus State (NCT of Delhi) and another, (2018) 3 SCC 249 and P.Ramadas versus State of Kerala and another, (2018) 3 SCC 287 , wherein it is clearly held that waiver of imprisonment in lieu of payment of additional compensation is permissible, though under exceptional circumstances. 4. Applying the ratio of the aforesaid judgments, it would be noticed that even in this case, the circumstances are exceptional inasmuch as the petitioner is facing the pangs and suffered agony of protracted trial and thereafter appeal/revision for the last nearly 5 years and has not only paid the entire compensation amount i.e. Rs.1,20,000/-, but has also paid an additional compensation of Rs.20,000/-. 5.
5. In view of the above discussion, it is ordered that the impugned substantive sentence of simple imprisonment imposed in this case shall stand modified and substituted in lieu of the amount of compensation of Rs.1,20,000/- and an additional amount of Rs.20,000/- deposited in the Registry of this Court and before the learned trial Court. 6. Since respondent No. 1 is unrepresented, therefore, a copy of this judgment be sent free of cost to him on the address given in the memo of parties. The amount lying in deposit before this Court and learned trial Court be released in favour of complainant/respondent No. 1 on his furnishing bank account detail. 7. With these observations, the revision petition stands disposed of, so also the pending application, if any.