JUDGMENT Sanjay Karol, A.C.J —Assailing the judgment dated 11.5.2016, passed by Judicial Magistrate 1st Class, Court No.5, Shimla, H.P., in Complaint No.168/03 of 2015, titled as H.P. State Cooperative Bank Limited vs. Sh. Parkash Thakur , as affirmed by the learned Additional Sessions Judge-II, Shimla, H.P., vide judgment dated 26.7.2017, passed in Criminal Appeal No.25-S/10 of 2016, titled as Sh. Parkash Thakur versus H.P. State Co-operative Bank Limited, the accused-petitioner has filed the present Revision Petition under the provisions of Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973. 2. It is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of six months and pay compensation of Rs. 80, 000/- to the complainant, in relation to offence punishable under Section 138 of the Negotiable Instruments Act. The judgment of conviction and sentence has been upheld by the learned Additional Sessions Judge-II, Shimla, H.P. 3. Parties have amicably resolved their dispute, in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu versus Sayed Babalal H. , (2010) 5 SCC 663 . 4. Learned counsel for the petitioner submits that out of total sum of Rs. 80, 000/-, petitioner has already deposited Rs. 26, 700/- before the trial Court. Petitioner undertakes to pay the remaining amount of Rs. 53, 300/- to the respondent/complainant within a period of four weeks from today. He further submits that 15% of the cheque amount already stands deposited with the H.P. State Legal Services Authority, Shimla. It shall be open for the respondent to withdraw the amount deposited before the trial Court. 5. Petitioner''S undertaking is accepted and accordingly the offence is compounded and the judgments of conviction and sentence passed by the Courts below are set aside. 6. It is clarified that in the event of non fulfillment of the solemn undertaking furnished by the petitioner to this Court, not only the judgments of conviction and sentence would automatically revive but also proceedings for violation of the undertaking, under the provisions of the Contempt of Courts Act as also the Constitution of India, shall be initiated against him. With the aforesaid observations, present Revision Petition stands disposed of, so also the pending application, if any. Copy dasti.