( 2025:HHC:18530 ) 1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Revision No.546 of 2024 Date of Decision: 17.06.2025 M/s Shardha Suburi Enterprise …Petitioner Versus M/s Samista Enterprise & Anr. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Petitioner in person with Mr. Janak Raj, Advocate. For the Respondents : Mr. Amit Kumar Dhumal, Advocate, for respondent No.1. Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General, for respondent No.2. Virender Singh, Judge (Oral) Petitioner-M/s Shardha Suburi Enterprise, through its Proprietor Kashish Thakur has filed the present Criminal Revision Petition against the judgment dated 22.04.2024, passed by the learned Sessions Judge, Hamirpur, District Hamirpur, H.P., (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.147 of 2023, titled as ‘M/s Shardha Suburi Enterprise, through its Proprietor Kashish Thakur versus M/s Samista Enterprise through its Proprietor Ashwani Thakur. & Anr.’. 1 Whether reporters of Local Papers may be allowed to see the judgment? ( 2025:HHC:18530 ) 2 2. By way of judgment dated 22.04.2024, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction dated 30.10.2023 and order of sentence dated 31.10.2023, passed by the Court of learned Chief Judicial Magistrate, Hamirpur, District Hamirpur, H.P. (hereinafter called as the ‘trial Court’), in Complaint No.23-I-2021, titled as ‘M/s Sasmista Enterprise through its Proprietor Ashanti Thakur versus M/s Shardha Suburi Enterprise through its Proprietor Kashish Thakur’. 3. Vide judgment of conviction dated 30.10.2023 and order of sentence dated 31.10.2023, 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 two months and to pay a compensation of Rs.1,80,000/- 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 Cr.MP No.2411 of 2025, under Section 147 of NI Act, for compounding of offence, on the ground that the parties have settled the matter. ( 2025:HHC:18530 ) 3 6. Statements of the petitioner, as well as, learned counsel, appearing for respondent No.1, have been recorded, in which, they have deposed that the dispute, with regard to Cheque No.601436, has been settled between the parties. 7. Today i.e. 17.06.2025, Mr. Amit Kumar Dhumal, Advocate, appearing for respondent No.1, under instructions, has stated, regarding the factum, as to why, respondent No.1, had filed the complaint against the accused (petitioner), in which, the judgment of conviction and order of sentence have been passed by the learned trial Court, which have unsuccessfully been assailed, before the learned Appellate Court. He has also deposed that the matter has now been settled with the petitioner. 8. According to the learned counsel, appearing for respondent No1, respondent No.1 has no objection, if the present revision petition is allowed and the judgment of conviction and order of sentence are ordered to be quashed and set-aside and the petitioner-accused is acquitted from the offence, punishable under Section 138 of NI Act. 9. Today, petitioner-accused is also present before this Court and has also stated in the aforesaid terms. He has deposed that he has paid the entire compensation amount and nothing is due against him. He has also deposed that on the basis of the ( 2025:HHC:18530 ) 4 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. 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 50% of the compounding fee with the Member Secretary, H.P. State Legal Services Authority, Shimla and 50% of the compounding fee with H.P. High Court Staff Welfare Organization, Shimla, 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. 12. Considering the statement of the petitioner-accused and learned counsel representing respondent No.1, as well as, considering the fact that the matter has been settled between the accused (petitioner) and respondent No.1, application, bearing ( 2025:HHC:18530 ) 5 Cr.MP No.2411 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 dated 30.10.2023 and order to sentence dated 31.10.2023, passed by the learned trial Court in Complaint No.23-I-2021, which has been affirmed by learned Appellate Court, in Criminal Appeal No.147 of 2023, vide judgment dated 22.04.2024, 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 8% of the cheque amount, as compounding fee. 50% of the compounding fee be deposited with the Member Secretary, H.P. State Legal Services Authority, Shimla and 50% of the compounding fee be deposited with H.P. High Court Staff Welfare Organization, Shimla, within a period of ten weeks, from today. 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 dated 30.10.2023 and order of sentence dated 31.10.2023, passed by learned trial Court and in that eventuality, he shall surrender ( 2025:HHC:18530 ) 6 before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court. The amount, so deposited by the accused before the learned trial Court, be released in favour of respondent No.1, on making appropriate application. 16. Pending miscellaneous applications, if any, shall also stand disposed of. (Virender Singh) Judge June 17, 2025 (subhash)