Extracted from the PDF above. The PDF is authoritative.
2025:HHC:28346 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. 349 of 2024 Decided on : 20
th August, 2025 Jawahar Lal
…Petitioner Versus Virender …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Tejasvi Verma, Advocate. For the respondent: Respondent in person with Mr. Naresh Sharma, Advocate. Virender Singh, Judge (oral) Petitioner – Jawahar Lal has filed the present revision petition against the judgment dated 03.05.2024, passed by the learned Additional Sessions Judge, Kinnaur at Rampur Bushehar, District Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.17/2024, titled as Jawahar Lal versus Virender.
2. By way of judgment dated 03.05.2024, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction and order 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2025:HHC:28346 of sentence dated 04.12.2023, passed by the Court of learned Judicial Magistrate First Class, Anni, District Kullu, H.P., (hereinafter referred to as the ‘trial Court’), in Comp.138 N.I. Act No.146 of 2020, titled as Virender versus Jawahar Lal.
3. Vide judgment of conviction and order of sentence dated 04.12.2023, 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 to pay a fine/compensation of Rs.2,50,000/ to the complainant.
4. After dismissal of the appeal by the learned Appellate Court, the present revision petition 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.3627 of 2025, for permitting the parties to compound the offence, on the ground that the matter has been settled between them.
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6. Statements of the petitioner, as well as, the respondent, have been recorded, in which, they both have deposed that the dispute with regard to Cheque No.145663, dated 17.08.2020, 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 04.12.2023.
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 also dismissed his appeal. Now, he is before this Court, in the present revision petition.
9. In addition to this, the accused (petitioner) has also submitted that during the pendency of the revision petition, the matter has been compromised between him and the complainant. He has also deposed that he has deposited a sum of Rs.1,25,000/, before the learned trial Court and he has no objection, in case the said amount is released in favour of the complainant.
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10. The petitioneraccused has also 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. According to him, he has no objection, if the amount of Rs.1,25,000/ is released in favour of the petitioner.
11. Respondent is also present in the Court and he has made the similar statement. He has deposed that respondent, has no objection, in case, the present petition is allowed and the petitioneraccused is acquitted by setting aside the judgment of conviction and order of sentence dated 04.12.2023.
12. On the basis of the above statements, one thing is clear that the matter has been settled between the parties and in pursuance of the said settlement, complainant has received the remaining amount of compensation from the petitioner.
13. According to the learned counsel for the respondentcomplainant, the dispute with regard to
5 2025:HHC:28346 Cheque No.145663 dated 17.08.2020, has been settled between the parties.
14. Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No.3627 of 2025, is allowed and the parties are permitted to compound the offence.
15. Considering the fact that the application for compounding of the offence has been allowed, the present petition is allowed and the judgment of conviction and
order of sentence dated 04.12.2023, passed by learned trial Court in Comp. 138 N.I. Act No.146/2020, which has been affirmed by learned Appellate Court, in Criminal Appeal No.17/2024, vide judgment dated 03.05.2024, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 NI Act. His personal and surety bonds are discharged.
16. However, this order shall be subject to deposit 15% 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
6 2025:HHC:28346 Services Authority, Shimla, and remaining 50% with the H.P. High Court Staff Welfare Organization, Shimla.
17. 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 04.12.2023, passed by learned trial Court and in that eventuality, he shall surrender before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court.
18. The amount deposited by the petitioneraccused before the learned trial Court, is ordered to be released in favour of the complainant.
19. Pending miscellaneous applications, if any, shall also stand disposed of.
( Virender Singh ) August 20, 2025 (ps) Judge