1   2025:HHC:21383 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Revision No.351 of 2025 Date of Decision: 04.07.2025 Kamlesh …Petitioner Versus Kiran Kumar …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Ganesh Barowalia, Advocate, vice Ms. Sheetal Vyas, Advocate. For the respondent : Respondent in person with Mr. Gambhir Singh Chauhan, Advocate. Virender Singh, Judge (Oral) Petitioner-Kamlesh has filed the present Criminal Revision Petition against the judgment dated 14.08.2023, passed by the learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, H.P., (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.37-N/10 of 2020, titled as Kamlesh versus Kiran Kumar’. 2. By way of judgment dated 14.08.2023, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction dated 13.03.2020 and order of sentence dated 07.07.2020, passed by the Court of learned 1 Whether reporters of Local Papers may be allowed to see the judgment? 2   2025:HHC:21383 Additional Chief Judicial Magistrate, Paonta Sahib, District Sirmaur, H.P., (hereinafter called as the ‘trial Court’), in Criminal Complaint Case No.654/3 of 2015, titled as Kiran Kumar versus Kamlesh’. 3. Vide judgment of conviction dated 13.03.2020 and order of sentence dated 07.07.2020, 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.4,50,000/- 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.2762 of 2025, under Section 147 of NI Act, for compounding of offence, on the ground that the parties have settled the matter. 6. Statements of the petitioner, as well as, respondent, have been recorded, in which, they have deposed that the dispute with regard to Cheque No.804801, dated 18.06.2015, has been settled between the parties. 3   2025:HHC:21383 7. Today i.e. 04.07.2025, 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 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. 7.1. According to the respondent, he 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. 8. 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 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. 4   2025:HHC:21383 9. 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. 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 statements of the petitioner-accused and the respondent, as well as, considering the fact that the matter has been settled between the accused (petitioner) and respondent, application, bearing Cr.MP No.2762 of 2025, is allowed and the parties are permitted to compound the offence. 12. Consequently, the present petition is allowed and the judgment of conviction dated 13.03.2020 and order of sentence dated 07.07.2020, passed by the learned trial Court in Criminal Complaint Case No.654/3 of 2015, which has been affirmed by learned Appellate Court, in Criminal Appeal No.37-N/10 of 2020, vide judgment dated 14.08.2023, are set aside and the petitioner 5   2025:HHC:21383 is acquitted from the offence, punishable under 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 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 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 dated 13.03.2020 and order of sentence dated 07.07.2020, 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. 15. Pending miscellaneous applications, if any, shall also stand disposed of. (Virender Singh) Judge July 04, 2025 (subhash)