JUDGMENT : Sureshwar Thakur, J. 1. Petitioner has been produced in the custody of H.C. Sandeep Kumar No. 120 and Const. Neeraj Kumar No. 650, Model Central Jail, Kanda, District Shimla, H.P. 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 (CBI), Shimla,(Circuit Court Theog) in cr. Appeal No.8-T/10 of 2013, whereby he affirmed the conviction recorded by the learned Judicial Magistrate, 1st Class, Theog, District Shimla, H.P., on 18.3.2013/20.3.2013, in complaint No. 130/3 of 2010, 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 sentence of simple imprisonment, for a period of six months, besides, vis-a-vis, his being liable to pay compensation comprised, in a sum, of Rs. 6,50,000/- 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, as, issued by the petitioner/accused, vis-a-vis, the respondent-complainant. 4. The learned counsel appearing for the respondent/complainant, has, in his signature statement, rendered without oath, made a disclosure therein, of the entire liabilities arising out of dishonour of negotiable instrument rather standing liquidated vis-a-vis the respondent/complainant, by the petitioner/accused. He makes a prayer in his signatured statement, that in case a sum of Rs. 50,000/-, lying deposited before the Registry of this Court, is ordered to be released in his favour, 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 respondent, is accepted, by the petitioner/convict. 5. 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 Registry is directed to release a sum of Rs. 50,000/-, deposited, therebefore, by the petitioner/convict, vis-a-vis, the respondent/complainant, by remitting it, in his saving bank account, against proper receipt and identification. 6. The judgments impugned before this Court are quashed and set aside. The accused/petitioner is acquitted of the charge framed against him. The Registry is directed to release a sum of Rs. 50,000/-, deposited, therebefore, by the petitioner/convict, vis-a-vis, the respondent/complainant, by remitting it, in his saving bank account, against proper receipt and identification. 6. 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, hence comprised in the dishonoured negotiable instruments. However, given the petitioner standing lodged in judicial custody, thereupon perse, when, hence he 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-a-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 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, (ii) thereupon this Court also affords the apposite exemption vis-a-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 sums comprised, in the dishonoured negotiable instrument. 7. Copy of the decision recorded today, be sent to the Superintendent Jail concerned. Release warrant be forthwith prepared, in respect, of the instant criminal revision petition. 8. In view of the above directions, the instant petition as well as all pending application(s), if any, are disposed of. Copy dasti.