ORDER : 1. Instant criminal revision petition filed under Section 397/401 of Cr.P.C. lays challenge to judgment dated 30.3.2022, passed by the learned Additional Sessions Judge (I) Shimla, HP, in Criminal Appeal No. 08-S/IO of 2021, affirming judgment of conviction and order of sentence dated 4.3.2021, passed by the learned JMFC-4, Shimla, in Case No. 91-3 of 2016, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act”) convicted and sentenced her to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs. 1,60,000/- to the complainant. 2. Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Section 138 of the Act, in the court of learned JMFC-4, Shimla, alleging therein that in the month of November, 2015, accused had borrowed sum of Rs. 80,000/- from him and with a view to discharge her liability, issued cheque dated 18.2.2016, amounting to Rs. 80,000/- drawn at SBI Shimla, however fact remains that aforesaid cheque on its presentation, was dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act. 3. Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 4.3.2021, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and accordingly, sentenced her as per the description given herein above. 4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the court below, accused preferred an appeal in the court of learned Additional Sessions Judge (I), Shimla which also came to be dismissed vide judgment dated 30.3.2022, as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioner-accused has approached this Court by way of instant proceedings, seeking therein her acquittal after setting aside the judgments of conviction recorded by the courts below. 5. Vide order dated 24.6.2022, this Court while suspending the substantive sentence imposed by the court below, directed the accused to deposit 50% of the compensation amount awarded by the court below, but such order never came to be complied with. 5. Vide order dated 24.6.2022, this Court while suspending the substantive sentence imposed by the court below, directed the accused to deposit 50% of the compensation amount awarded by the court below, but such order never came to be complied with. But today, during the proceedings of the case, Mr. S.D. Sharma, learned counsel appearing for the petitioner states that since entire amount of compensation awarded by the court below stands paid to the respondent-complainant, petitioner has filed an application under Section 147 of the Act, praying therein to compound the offence and as such this Court while exercising power under Section 147 of the Act, may compound the offence and acquit the accused. 6. Mr. Jagat Pal, learned counsel appearing for the respondent-complainant, while fairly admitting factum with regard to receipt of Rs. 1,20,000/- by the complainant, states that in case sum of Rs. 40,000/- deposited by the petitioner before the court below is ordered to be released in favour of the complainant, he shall have no objection in accepting the prayer made by the petitioner for compounding of offence. Respondent-complainant Rakesh Kapoor, who is present in the Court, states on oath that he of his own volition and without there being any external pressure has entered into compromise with the petitioner. He states that he has already received Rs. 1,20,000/- from the petitioner and in case sum of Rs. 40,000/- lying deposited before the court below is ordered to be released in his favour, he shall have no objection in compounding of the offence. His statement is taken on record. 7. Having taken note of the fact that entire amount of compensation stands paid or agreed to be paid to the respondent-complainant and he has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon’ble Apex Court in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663 , wherein it has been categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below. 8. 8. Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 4.3.2021 and 30.3.2022, passed by the courts below are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Interim order, if any, is vacated. Bail bonds, if any, discharged. Court below is directed to release the amount i.e. Rs. 40,000/- deposited by the accused in the instant case, in favour of the complainant by remitting the same in his saving bank account, detail whereof shall be furnished by the learned counsel for the complainant, within ten days. Accordingly, the petition is disposed of alongwith pending applications, if any.