IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. 311 of 2025 Decided on : 31.07.2025 Sunil Kumari …Petitioner Versus Shiksha & Anr. …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Ashok Kumar Verma, Advocate. For the respondents : Respondent No. 1 in person with Mr. Sohail Khan, Advocate, for respondent No. 1. Mr. Tejasvi Sharma, Mr. H.S. Rawat and Mr. Varun Chandel, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General, for respondent No. 2/State. Virender Singh, Judge (oral) Petitioner-Sunil Kumari has filed the present Criminal Revision Petition against the judgment dated 14.05.2025, passed by the learned Sessions Judge Hamirpur, District Hamirpur, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No. 68 of 2023, titled as ‘Sunil Kumari versus Shiksha & Anr.’. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2. By way of judgment dated 14.05.2025, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction 16.05.2023 and order of sentence dated 18.05.2023, passed by the Court of learned Judicial Magistrate First Class, Court No. 3 Hamirpur, District Hamirpur, H.P. (hereinafter referred to as the ‘trial Court’), in NI Act Complaint No. 72-I/2016 (CIS Regn. No. 200 of 2016), titled as ‘Shiksha Vs Sunil Kumari’. 3. Vide judgment of conviction 16.05.2023 and order of sentence dated 18.05.2023, 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 three months and to pay a compensation of Rs. 1,50,000/- 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. 3326 of 2025, under Section 147 of NI 3 Act, for compounding of offence on the ground that the parties have amicably settled the matter. 6. Today, statements of petitioner (through video conferencing) and the respondent No. 1, have been recorded, in which, they have deposed that the dispute, with regard to Cheque No. 732364 dated 28.03.2016 and Cheque No. 732367 dated 24.01.2016, has been settled between them and nothing is due against the petitioner. 7. Respondent No. 1 Shiksha has stated, regarding the factum, as to why, she has filed the complaint against the petitioner-accused, in which, the judgment of conviction and order of sentence have been passed, which has unsuccessfully been assailed, before the learned Appellate Court. She has also deposed that the matter has been settled between the parties, with regard to Cheque No. 732364 dated 28.03.2016 and Cheque No. 732367 dated 24.01.2016, both total amounting to Rs. 1,00,000/- (Rs. 50,000/- each). According to her, she 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. 4 8. Petitioner through facility of video conferencing, has also deposed, on oath, in the aforesaid terms. She has also deposed that on the basis of the settlement, the present petition may be allowed by setting aside the judgment of conviction and order of sentence, referred to above, and she may be acquitted from the offence, punishable under Section 138 of NI Act. 9. Apart from this, petitioner-accused, has also given an undertaking that the she will deposit the compounding fee, within a period of six weeks from today and in case, she fails to deposit the compounding fee, within the stipulated period, his revision petition may be treated as dismissed and in that eventuality, she will surrender before the learned trial Court to undergo the remaining substantive sentence, imposed upon her, 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 (respondent No. 1), application, bearing Cr.MP No. 3326 of 2025, is allowed and the petitioner is permitted to compound the offence. 5 11. Consequently, the present petition is allowed and the judgment of conviction dated 16.05.2023 and order of sentence dated 18.05.2023, passed by learned trial Court in NI Act Complaint No. 72-I-2016, which has been affirmed by learned Appellate Court in Criminal Appeal No. 68 of 2023, vide judgment dated 14.05.2025, are set aside and the petitioner is acquitted from the offence punishable, under Section 138 of the NI Act. Her personal and surety bonds are discharged. 12. However, this order shall be, subject to the deposit of 15% 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 six 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 six weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction dated 16.05.2023 and order of sentence dated 18.05.2023, passed by learned trial Court 6 and in that eventuality, she shall surrender before the learned trial Court to undergo the remaining substantive sentence, imposed upon her, by the learned trial Court. 14. Pending miscellaneous application(s), if any, shall also stand disposed of. ( Virender Singh ) Judge July 31, 2025 (Pramod)