Manoj Kumari Sharma v. Golf Link Finance and Resorts Pvt. Ltd.
CR.R/518/2023 · 2025-09-03
Virender Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13901 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13901 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:29912 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. 518 of 2023 Decided on : 03.09.2025 Manoj Kumari Sharma …Petitioner Versus Golf Link Finance & Resort Pvt. Ltd. …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Mohar Singh, Advocate. For the respondent : Ms. Seema K. Guleria,
Advocate. Virender Singh, Judge (Oral) The present Criminal Revision has been filed by the petitioner, against the judgment dated 30.11.2022, passed by learned Additional Sessions Judge (CBI) Shimla, H.P. (hereinafter referred to as ‘the Appellate Court’) in Criminal Appeal No. 22S/10 of 2021, titled as ‘Manoj Kumari Sharma Vs Golf Link Finance and Resorts Pvt. Ltd.’. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:29912
2. Vide judgment dated 30.11.2022, the learned Appellate Court has dismissed the appeal of the petitioner against the judgment of conviction and order of sentence dated 22.11.2021, passed by the Court of learned Judicial Magistrate First Class, Court No. 3 Shimla, H.P. (hereinafter referred to as ‘the trial Court’), in case titled as Golf Link Finance and Resorts Pvt. Ltd. Vs Smt. Manoj Kumari Sharma’. 3. Vide judgment of conviction and order of sentence, as referred above, the learned trial Court has convicted the petitioner for the commission of offence punishable under Section 138 of Negotiable Instruments Act and sentenced her to undergo simple imprisonment for a period of one year and to pay a compensation of Rs. 67,900/. 4. The learned Appellate Court although, dismissed the appeal against the judgment of conviction, but order of sentence has been modified by passing the following order:
“25. In view of findings on point No. 1, the appeal against conviction under Section 138 NI Act, 1881 is dismissed. 3 2025:HHC:29912
26. The substantive sentence i.e. simple imprisonment of one year imposed by the learned trial Court is set aside. 27. Fine amount to be paid as compensation amount and sentence in default is however maintained. 28. A sum of Rs. 6,790/ as deposited before the learned trial Court by the appellant as recorded in order dated 20.01.2022, is ordered to be released to the complainant with up to day interest, if any. 29. The balance fine i.e. Rs. 61,110/ (Rs. 67900 – Rs. 6790) be deposited by the accused/appellant before the learned trial Court forthwith. 30.
In case convict does not deposit the balance fine i.e. Rs. 61,110/, learned trial Court shall take steps to execute the sentence in default of non payment of balance fine in accordance with law. 31. File of learned trial Court be returned along with a copy of this judgment. 32. Record of this Court after due completion be consigned to record room.”
5. During the pendency of the criminal revision, the amount, which was directed to be paid by the learned Appellate Court, has been deposited and matter has now been settled between the petitioner and respondent. 6. The respondent Golf Link Finance and Resorts Pvt. Ltd. has not assailed the judgment dated 30.11.2022, passed by the learned Appellate Court, meaning thereby, the said findings have attained finality. 7. In view of the settlement between the parties, with regard to the payment of amount of compensation, no
4 2025:HHC:29912 further action is required to be taken in the present revision petition and the same is accordingly disposed of. 8. The amount deposited by the petitioner is ordered to be released to the respondentcomplainant Golf Link Finance and Resorts Pvt. Ltd.
( Virender Singh ) Judge 03rd September, 2025 (Pramod)