1  ( 2025:HHC:33757 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Revision No.315 of 2025 Date of Decision: 24.09.2025 Bhim Singh …Petitioner Versus Harish Kumar …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Petitioner in person with Mr. Narender Kumar Reddy, Advocate. For the Respondent : Respondent in person with Mr. Rocky, Advocate. Virender Singh, Judge (Oral) Petitioner-Bhim Singh has filed the present Criminal Revision against the judgment dated 28.03.2025, passed by the Court of learned Sessions Judge, Mandi, District Mandi, H.P., (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal bearing No.137 of 2024, titled as ‘Bhim Singh versus Harish Kumar’. 2. By way of judgment dated 28.03.2025, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  ( 2025:HHC:33757 ) 07.11.2024, passed by the Court of learned Judicial Magistrate First Class, Chachiot at Gohar, (Camp at Thunag), District Mandi, H.P., (hereinafter called as the ‘trial Court’), in Criminal Complaint Registration No.145 of 2022, titled as ‘Harish Kumar versus Bhim Singh’. 3. Vide judgment of conviction and order of sentence dated 07.11.2024, 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.2,60,000/- to the complainant. 4. After dismissal of the appeal by the learned Appellate Court, the present Criminal Revision has been preferred. 5. Now, the petitioner has moved Cr.MP No.4330 of 2025, under Section 147 of NI Act, for compounding of offence. 6. Statements of the petitioner, as well as, respondent, have been recorded, in which, they have agreed that the dispute, with regard to Cheque No.923643, dated 20.12.2021 has been settled, between the parties. 3  ( 2025:HHC:33757 ) 7. Today i.e. 24.09.2025, respondent, has stated, regarding the factum, as to why, he 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. 8. The respondent has further deposed that he 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 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 deposited a sum of Rs.78,000/- before the learned trial Court. He has no objection, in case, the amount, so deposited, before the learned trial Court, is released in favour of the respondent. He has paid the entire settled amount to the respondent and now nothing is due against him with regard to the cheque in question. He has deposed that on the basis of the compromise, the present petition may be allowed by setting aside the judgment of conviction and 4  ( 2025:HHC:33757 ) order of sentence, referred to above, and he may be acquitted from the offence, punishable under Section 138 of NI Act. 10. 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. 11. The accused (petitioner) has stated that he is an agriculturist by profession. Due to the rainy season, the accused sustained lot of loss to agriculture fields, as such, some leniency may kindly be shown, while assessing the compounding fee. 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, Cr.MP No.4330 of 2025, is allowed and the parties to the lis are permitted to compound the offence. 13. Consequently, the present petition is allowed and the judgment of conviction and order of sentence dated 07.11.2024, passed by the learned trial Court, in Criminal Complaint Registration No.145 of 2022, which have been affirmed by learned Appellate 5  ( 2025:HHC:33757 ) Court, in Criminal Appeal bearing No.137 of 2024, vide judgment dated 28.03.2025, 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 8% 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 Chief Justice, Disaster Relief Fund, 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 eight weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction and order of sentence dated 07.11.2024, 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 September 24, 2025 (subhash)