2025:HHC:20575 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No.482 of 2024 Decided on : 30.06.2025 Ravi Chand …Petitioner Versus Sarla Sayal …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Vijender Katoch, Advocate. For the respondent : Mr. Surinder K. Saklani, Advocate. Virender Singh, Judge (oral) Petitioner-Ravi Chand has filed the present Criminal Revision Petition against the judgment dated 03.07.2024, passed by the learned Additional Sessions Judge (I), Kangra at Dharamshala, District Kangra, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.2-D/X/2023, titled as ‘Ravi Chand Vs. Sarla Sayal’. 2. By way of judgment dated 03.07.2024, 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:20575 the petitioner, against the judgment of conviction and order of sentence dated 23.01.2023, passed by the Court of learned Chief Judicial Magistrate, Kangra at Dharamshala, District Kangra, H.P. (hereinafter called as the ‘trial Court’), in Complaint RBT No.113-III/2019, titled as ‘Sarla Sayal Vs. Ravi Chand’. 3. Vide judgment of conviction and order of sentence dated 23.01.2023, 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.92,000/- 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 CrMP No.2687 of 2025, under Section 147 of NI Act, for compounding of offence on the ground that the petitioner has paid the entire compensation amount to the respondent and nothing is due against him. 3 2025:HHC:20575 6. Statement of the petitioner through VC, as well as, statement of learned counsel, appearing for respondent, have been recorded, in which, they have deposed that the dispute, with regard to cheque No.363337, dated 15.01.2015, has been settled between the parties. 7. Today i.e. 30.06.2025, Mr. Surinder K. Saklani, Advocate, appearing for respondent-Sarla Sayal, under instructions, has stated, regarding the factum, as to why, respondent has 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. 7.1. According to the learned counsel, appearing for the respondent, the respondent 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 is acquitted from the offence, punishable under Section 138 of NI Act. 7.2. Learned counsel appearing for the respondent has also deposed that the respondent has no objection if 4 2025:HHC:20575 the amount, so deposited by the petitioner, with the learned trial Court, is released in favour of petitioner-Ravi Chand. 8. Today, as per direction of this Court, vide order dated 27.06.2025, petitioner has also joined the proceedings through VC, by appearing before the Court of learned Additional Chief Judicial Magistrate, Kangra and he has also stated in the aforesaid terms. He has also deposed that the entire settled amount has been paid to the respondent and nothing is due against him and on the basis of the said 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. 8.1. Petitioner-Ravi Chand has also deposed that the amount of Rs.92,000/-, which he had deposited with the learned trial Court, may be released to him. 9. In addition to this, the petitioner has also put forward the indigent circumstances, by stating that some relaxation may be given to him, while assessing the compounding fee. 5 2025:HHC:20575 10. Apart from this, the petitioner-accused has also given an undertaking that he 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, 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. 11. Considering the statement of the parties, as well as, considering the fact that the matter has been settled between the accused (petitioner) and the complainant, application, bearing CrMP No.2687 of 2025, is allowed and the petitioner is permitted to compound the offence. 12. Consequently, the present petition is allowed and the judgment of conviction and order of sentence dated 23.01.2023, passed by learned trial Court in Complaint RBT No.113-III/2019, which has been affirmed by learned Appellate Court in Criminal Appeal No.2-D/X/2023, vide judgment dated 03.07.2024, are set aside and the petitioner is acquitted from the offence, punishable under 6 2025:HHC:20575 Section 138 of the NI Act. His personal and surety bonds are discharged. 13. 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 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. 14. 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 shall be deemed to have been dismissed, by reviving the judgment of conviction and order of sentence dated 23.01.2023, 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. The amount, so deposited by the petitioner with the learned trial Court, be released in his favour, on making appropriate application, as per Rules. 7 2025:HHC:20575 15. Pending miscellaneous applications, if any, shall also stand disposed of. ( Virender Singh ) Judge June 30, 2025 (Gaurav Thakur)