1  ( 2025:HHC:27090 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Revision No.338 of 2025 Date of Decision: 11.08.2025 Suresh Kumar …Petitioner Versus Punjab National Bank & Anr. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Petitioner in person with Mr. Dipankar S. Bagga, Advocate. For the Respondents : Mr. Sanjay Dalmia, Advocate, for respondent No.1. Mr. H.S. Rawat, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General, for respondent No.2. Virender Singh, Judge (Oral) Petitioner-Suresh Kumar has filed the present Criminal Revision Petition against the judgment dated 14.02.2025, passed by the learned Sessions Judge, Una, District Una, H.P., (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal bearing CIS Registration No.185 of 2023, titled as ‘Suresh Kumar vs. Punjab National Bank’. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  ( 2025:HHC:27090 ) 2. By way of judgment dated 14.02.2025, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 19.09.2023, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Una, District Una, H.P., (hereinafter called as the ‘trial Court’), in Criminal Complaint Case No.112-II-2022, titled as Punjab National Bank versus Suresh Kumar’. 3. Vide judgment of conviction and order of sentence dated 19.09.2023, 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 one year and to pay a compensation of Rs.2,58,000/- 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 Cr.MP No.3257 of 2025, under Section 147 of Negotiable Instruments Act, read with Section 528 of BNSS, for compounding of offence. 3  ( 2025:HHC:27090 ) 6. Statements of the petitioner, as well as, of the Advocate, appearing for respondent No.1-Bank, have been recorded, in which, they have agreed that the dispute, with regard to Cheque No.541134, dated 18.04.2022 has been settled between the parties. 7. Today i.e. on 11.08.2025, Mr. Sanjay Dalmia, Advocate, appearing for respondent No.1-Bank, under instructions, has stated, regarding the factum, as to why, respondent No.1-Bank had filed the complaint, against the accused (petitioner), in which, the judgment of conviction and order of sentence have been passed, which have unsuccessfully been assailed, before the learned Appellate Court. He has also deposed that the matter has been settled with the petitioner. In this regard, respondent No.1-Bank has issued Certificate, which has been annexed with the petition as Ext. PA. 8. Learned counsel, appearing for respondent No.1- Bank has further deposed that respondent No.1-Bank has no objection, if the present revision petition is allowed and the judgment of conviction and order of sentence passed by the learned trial Court are ordered to be quashed and set-aside 4  ( 2025:HHC:27090 ) and the petitioner is acquitted from the offence, punishable under Section 138 of NI Act. 9. Today, petitioner is also present before this Court and has also stated in the aforesaid terms. He has deposed that on the basis of the compromise, 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 he has paid the entire amount to respondent No.1-Bank. 10. In addition to this, the petitioner has also put forward the indigent circumstances, by stating that some relaxation may be given in the compounding fee. 11. Apart from this, the petitioner-accused has also given an undertaking that he will deposit the compounding fee, within a period of ten weeks from today and in case, he fails to deposit the compounding fee, within the stipulated period, the revision petition may be treated as dismissed and in that eventuality, he will surrender before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court. 5  ( 2025:HHC:27090 ) 12. Considering the statements of the parties, as well as, considering the fact that the matter has been settled between the accused (petitioner) and the complainant- respondent No.1, application, bearing Cr.MP No.3257 of 2025, is allowed and the petitioner is permitted to compound the offence. 13. Consequently, the present petition is allowed and the judgment of conviction and order of sentence dated 19.09.2023, passed by the learned trial Court, in Criminal Complaint Case No.112-II-2022, which have been affirmed by learned Appellate Court, in Criminal Appeal bearing CIS Registration No.185 of 2023, vide judgment dated 14.02.2025, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 of the NI Act. His personal and surety bonds are discharged. 14. However, this order shall be, subject to the deposit of 15% of the cheque amount, as compounding fee. 50% of the amount of compounding fee shall be deposited by the accused with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% of the aforesaid amount shall be deposited with the H.P. High Court, Staff Welfare Organization, Shimla, within a period of ten weeks from today. 6  ( 2025:HHC:27090 ) 15. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within a period of ten weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction and order of sentence dated 19.09.2023, 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. 16. Pending miscellaneous applications, if any, shall also stand disposed of. (Virender Singh) Judge August 11, 2025 (subhash)