2025:HHC:16467 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No.556 of 2024 Decided on : 28.05.2025 Anshu …Petitioner Versus Sumit Chug …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Ms. Kusum Chaudhary, Legal Aid Counsel. For the respondent : Mr. Dheeraj K. Verma, Advocate. Virender Singh, Judge (oral) Petitioner-Anshu has filed the present Criminal Revision Petition against the judgment dated 15.06.2024, passed by the learned Sessions Judge, Kangra at Dharamshala, District Kangra, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.16- K/X/2023, titled as ‘Anshu Vs. Sumit Chug’. 2. By way of judgment dated 15.06.2024, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 17.05.2023, passed by the Court of 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:16467 learned Additional Chief Judicial Magistrate, Kangra, District Kangra, H.P. (hereinafter referred to as the ‘trial Court’), in Complaint No.172-III/2018, titled as ‘Sumit Chug Vs. Anshu’. 3. Vide judgment of conviction and order of sentence dated 17.05.2023, 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.40,000/- 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.2138 of 2025, under Section 147 of NI Act, for compounding of offence on the ground that the entire compensation amount has been deposited by the petitioner, with the learned trial Court, as well as, with this Court. 6. Today, statements of petitioner and learned counsel, representing the respondent, have been recorded, 3 2025:HHC:16467 in which, they have deposed that the dispute, with regard to Cheque No.760505, dated 27.12.2017, has been settled between them and nothing is due against the petitioner. 7. Learned counsel, representing the complainant, has stated regarding the factum, as to why, the complainant has filed the complaint against the accused, in which, the judgment of conviction and order of sentence have been passed, which has unsuccessfully been assailed, before the learned Appellate Court. He has also deposed that the matter has been settled between the parties, with regard to Cheque No.760505, dated 27.12.2017, amounting to Rs.20,000/. According to him, the complainant 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 the amount, so deposited by the petitioner, before the learned trial Court, as well as, before the Registry of this Court, be released in favour of the complainant. 8. Petitioner is also present before this Court and he has also stated in the aforesaid terms. He has also deposed that on the basis of the settlement, the present petition may be allowed by setting aside the judgment of 4 2025:HHC:16467 conviction and order of sentence, referred to above, and he may be acquitted from the offence, punishable under Section 138 of NI Act. He has further deposed that he has no objection in case, the amount, so deposited by him, before the learned trial Court, as well as, before the Registry of this Court, is released in favour of the complainant. 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 statement of the parties, as well as, considering the fact that the matter has been amicably settled between the accused (petitioner) and the complainant, application, bearing CrMP No.2138 of 2025, 5 2025:HHC:16467 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 17.05.2023, passed by learned trial Court in Complaint No.172-III/2018, which has been affirmed by learned Appellate Court in Criminal Appeal No.16-K/X/2023, vide judgment dated 15.06.2024, 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. 13. However, this order shall be, subject to the deposit of 10% 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 6 2025:HHC:16467 judgment of conviction and order of sentence dated 17.05.2023, 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, as well as, with the Registry of this Court, be released in favour of complainant-Sumit Chug, on making appropriate application, as per Rules. 15. Pending miscellaneous application(s), if any, shall also stand disposed of. ( Virender Singh ) Judge May 28, 2025 (Gaurav Thakur)