JUDGMENT Sureshwar Thakur, J —At this stage, after perusing the affidavit, submitted by the Superintendent of Jail concerned, it appears that the sentence(s) imposed, upon, the convict are still under execution. Consequently, the prayer made by the learned counsel, for the petitioner/convict, qua the instant petition being revived, hence is accepted, significantly, when the liberty, of the petitioner, is at stake. 2. 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 Additional Sessions Judge, Mandi (Camp at Karsog) in cr. Appeal No. 38/2011, of 8.12.2011, whereby, he affirmed, the, conviction recorded by the learned Judicial Magistrate, 1st Class, Karsog, Mandi, in case No. 83-1/2010 , upon the accused/petitioner, for his committing an offence punishable under Section 138 of the Negotiable Instruments Act, besides modified the imposition, upon, the petitioner/accused, by the learned trial Court, of sentence(s) of simple imprisonment from 2 years to six months, besides his being liable to pay compensation comprised in a sum of Rs. 1,60, 000/-. 3. 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-avis the respondent-complainant. The respondent/complainant, has, in his signatured statement, rendered on oath, made a disclosure therein, of the entire liabilities arising out of dishonour of negotiable instrument, standing, liquidated vis--vis him, by the petitioner/accused. He makes a prayer in his signatured statement, that hence this Court proceeding to record an order, for compounding, the, offence arising out of dishonour, of, negotiable instrument. 4. 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. 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, hence impose upon the convict, penalty equivalent to 15%, of, the amount, hence comprised in the dishonoured negotiable instrument(s) . The accused/petitioner is acquitted of the charge framed against him. 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, hence impose upon the convict, penalty equivalent to 15%, of, the amount, hence comprised in the dishonoured negotiable instrument(s) . However, given the petitioner standing lodged in judicial custody, thereupon perse, when, hence is beset with severe indigence, and also, for ensuring, that his liberty, is not interfered with, merely, for this Court, not, waiving the apt imposition of penalty(s) , vis--vis him (i) 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 , (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, (ii) thereupon this Court also affords the apposite exemption vis--vis the petitioner. Consequently, with, evident display, of indigent circumstances hence 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. 6. Copy of the decision recorded today, be sent to the Superintendent Jail, Model Central Jail, Nahan, District Sirmour, H.P. Release warrant be forthwith prepared in respect of the instant criminal revision petition. 7. In view of the above directions, the instant petition as well as all pending application(s) , if any, are disposed of.