2025:HHC:17173 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No.289 of 2025 Decided on : 02.06.2025 Rajesh Verma …Petitioner Versus Govind Thakur …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. T.K. Verma, Advocate, vice Mr. Hemant Kumar Thakur, Advocate. For the respondent : Respondent in person with Mr. Deepanshu Bindal, Advocate. Virender Singh, Judge (oral) Petitioner-Rajesh Verma has filed the present Criminal Revision Petition against the judgment dated 17.06.2017, passed by the learned Additional Sessions Judge (CBI), Circuit Court Theog, District Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.24-T/10 of 2014, titled as ‘Rajesh Verma Vs. Govind Thakur’. 2. By way of judgment dated 17.06.2017, the learned Appellate Court has dismissed the appeal, filed by 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:17173 the petitioner, against the judgment of conviction 17.06.2014 and order of sentence dated 18.06.2014, passed by the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P. (hereinafter referred to as the ‘trial Court’), in NI Act Complaint No.27-3 of 2012, titled as ‘Govind Thakur Vs. Rajesh Verma’.. 3. Vide judgment of conviction 17.06.2014 and order of sentence dated 18.06.2014, the 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 three months and to pay a compensation of Rs.80,000/- to the complainant. 4. After dismissal of the appeal by the learned Appellate Court, the present Criminal Revision Petition has been preferred. 5. Now, the petitioner has moved application, bearing CrMPST No.4793 of 2025, under Section 147 of NI Act, for compounding of offence on the ground that the parties have amicably settled the matter and in this regard, respondent has sworn the affidavit, Annexure A-1. 3 2025:HHC:17173 6. Today, statements of learned vice counsel, appearing for the petitioner and the respondent, have been recorded, in which, they have deposed that the dispute, with regard to Cheque No.8023470, dated 01.12.2011, has been settled between them and nothing is due against the petitioner. 7. Respondent-Govind Thakur has stated regarding the factum, as to why, he has filed the complaint against the accused, in which, the judgment of conviction and order of sentence have been passed, which has unsuccessfully been assailed, before the learned Appellate Court. He has also deposed that the matter has been settled between the parties, with regard to Cheque No.8023470, dated 01.12.2011, amounting to Rs.70,000/. According to him, he has no objection, if the present revision petition is allowed and the judgment of conviction and order of sentence are ordered to be set aside and accused is acquitted from the offence, punishable under Section 138 of NI Act. 8. Learned vice counsel, appearing for the petitioner, has also deposed, without oath, in the aforesaid terms. He has also deposed that on the basis of the 4 2025:HHC:17173 settlement, the present petition may be allowed by setting aside the judgment of conviction and order of sentence, referred to above, and he may be acquitted from the offence, punishable under Section 138 of NI Act. He has further deposed that the petitioner, who is in judicial custody, may be released. 9. Apart from this, learned vice counsel, appearing for petitioner-accused, has also given an undertaking that the petitioner-accused will deposit the compounding fee, within a period of eight weeks from today and in case, he fails to deposit the compounding fee, within the stipulated period, his revision petition may be treated as dismissed and in that eventuality, the petitioner will surrender before the learned trial Court to undergo the remaining substantive sentence, imposed upon him, by the learned trial Court. 10. Considering the statement of the parties, as well as, considering the fact that the matter has been amicably settled between the accused (petitioner) and the complainant, application, bearing CrMPST No.4793 of 2025, is allowed and the petitioner is permitted to compound the offence. 5 2025:HHC:17173 11. Consequently, the present petition is allowed and the judgment of conviction dated 17.06.2014 and order of sentence dated 18.06.2014, passed by learned trial Court in NI Act Complaint No.27-3 of 2012, which has been affirmed by learned Appellate Court in Criminal Appeal No.24-T/10 of 2014, vide judgment dated 17.06.2017, are set aside and the petitioner is acquitted from the offence punishable, under Section 138 of the NI Act. The petitioner, who is in judicial custody in Model Central Jail, Kanda, District Shimla, is ordered to be released, if not required, in any other case. His personal and surety bonds are discharged. 12. However, this order shall be, subject to the deposit of 10% of the cheque amount, as compounding fee. 50% of the compounding fee be deposited with the H.P. State Legal Services Authority, Shimla and remaining 50% of the compounding fee be deposited with H.P. High Court Staff Welfare Organization, Shimla, within a period of eight weeks, from today. 13. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within a period of eight weeks, then, the present petition 6 2025:HHC:17173 shall be deemed to have been dismissed, by reviving the judgment of conviction dated 17.06.2014 and order of sentence dated 18.06.2014, passed by learned trial Court and in that eventuality, he shall surrender before the learned trial Court to undergo the remaining substantive sentence, imposed upon him, by the learned trial Court. 14. Pending miscellaneous application(s), if any, shall also stand disposed of. ( Virender Singh ) Judge June 02, 2025 (Gaurav Thakur) Digitally signed by RAJNI Date: 2025.06.02 18:15:16 IST