2025:HHC:29000 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. 233 of 2023 Decided on : 25th August, 2025 Sushil Kumar Thakur …Petitioner Versus Kuldeep Chand Kanwar …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Tek Chand, Advocate. For the respondent: Respondent in person with Mr. Lakshay Thakur, Advocate. Virender Singh, Judge (oral) Petitioner – Sushil Kumar Thakur has filed the present Criminal Revision against the judgment dated 24.01.2023, passed by the learned Additional Sessions Judge-1, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No. 44-S/10 of 2022, titled as ‘Sushil Kumar Thakur Vs Kuldeep Chand Kanwar’. 2. By way of judgment dated 24.01.2023, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction and 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:29000 order of sentence, dated 01.07.2022, passed by the Court of learned Judicial Magistrate First Class, Court No. 3 Shimla, District Shimla, H.P., (hereinafter referred to as the ‘trial Court’), in Case No. 68-3 of 2018, titled as ‘Kuldeep Chand Kanwar Vs Sushil Kumar Thakur’. 3. Vide judgment of conviction and order of sentence, dated 01.07.2022, learned trial Court has convicted the petitioner, for the offence, punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment, for a period of one year and six months and to pay compensation of Rs. 13,00,000/- to the complainant. 4. After dismissal of the appeal by the learned Appellate Court, the present criminal revision has been preferred. 5. During the pendency of the present petition, the parties have settled the matter. Thereafter, the petitioner has filed application bearing Cr.MP No. 3598 of 2025, for permitting the parties to compound the 3 2025:HHC:29000 offence, on the ground that the matter has been settled between them. 6. Statements of the petitioner, as well as, Smt. Sharmila Kanwar, legal representative of the respondent Kuldeep Chand Kanwar (since deceased), have been recorded, in which, they both have deposed that the dispute with regard to Cheque No. 802969, dated 28.11.2017, has been settled between the parties. 7. Today, the accused (petitioner) is present before this Court. He has deposed that he has been convicted and sentenced by the learned trial Court, vide judgment of conviction and order of sentence, dated 01.07.2022. 8. Against the said judgment of conviction and order of sentence, the petitioner had filed the appeal before the learned Appellate Court and the learned Appellate Court has dismissed his appeal. Now, he is before this Court, by way of the present Criminal Revision. 9. In addition to this, the accused (petitioner) has also submitted that during the pendency of the 4 2025:HHC:29000 criminal revision, the matter has been compromised between him and the legal representatives of the complainant. He has also deposed that he has deposited a sum of Rs. 10,25,000/-, in the Registry, and has no objection, if the amount deposited is released in favour of respondents No. 1(a) and 1(b). 10. The petitioner-accused has deposed that on the basis of the said compromise, the present petition may kindly be allowed by setting aside the judgment of conviction and order of sentence, referred to above, and he may kindly be acquitted of the charge. The petitioner has also deposed that he is a poor person, suffering from epilepsy and sole bread earner of the family. 11. Respondent No. 1(a) Smt. Sharmila Kanwar is also present in the Court and she has deposed that during the pendency of the Criminal Revision before this Court, unfortunately, Sh. Kuldeep Chand Kanwar (respondent-complainant) had expired and she and her son have been impleaded as LRs 1(a) and 1(b). Her son, aged 12 years, is minor and living under her care and custody and she has no adverse interest against him. 5 2025:HHC:29000 She has deposed that she has no objection, in case, the present petition is allowed and the petitioner-accused is acquitted by setting aside the judgment of conviction and order of sentence, dated 01.07.2022. She has also deposed that the amount of Rs. 10,25,000/- has been deposited by the accused before this Court, be released in her favour and in favour of her son. 12. On the basis of the above statements, one thing is clear that the dispute with regard to Cheque No. 802969 dated 28.11.2017, has been settled between the parties and in pursuance of the said compromise, petitioner has no objection, in case amount of Rs. 10,25,000/- is released in favour of the respondents. 13. Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No. 3598 of 2025, is allowed and the parties are permitted to compound the offence. 14. Considering the fact that the application for compounding of the offence has been allowed, the present petition is allowed and the judgment of 6 2025:HHC:29000 conviction and order of sentence, dated 01.07.2022, passed by learned trial Court in Case No. 68-3 of 2018, which has been affirmed by learned Appellate Court, in Criminal Appeal No. 44-S/10 of 2022, vide judgment dated 24.01.2023, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 NI Act. His personal and surety bonds are discharged. 15. However, this order shall be subject to deposit 10% of the cheque amount, as compounding fee, within eight weeks from today. 50% of the compounding fee be deposited with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% with the H.P. High Court Staff Welfare Organization, Shimla. 16. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within eight weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction and order of sentence dated 01.07.2022, passed by learned trial Court and in that eventuality, he shall surrender before the learned trial 7 2025:HHC:29000 Court to undergo the substantive sentence, imposed upon him, by the learned trial Court. 17. The amount deposited by the petitioner- accused before this Court, is ordered to be released in favour of respondents No. 1(a) and 1(b) in equal shares, by remitting the same to their respective bank accounts, details whereof will be provided by the respondents. 18. Pending miscellaneous applications, if any, shall also stand disposed of. ( Virender Singh ) August 25, 2025 Judge (Pramod)