2025:HHC:5612 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No.587 of 2024 Decided on : 11.03.2025 Jeet Ram …Petitioner Versus M/s Golf Link Finance and Resorts Pvt. Ltd. …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. T.K. Verma, Advocate. For the respondent : Ms. Seema K. Guleria, Advocate. Virender Singh, Judge (oral) Petitioner-Jeet Ram has filed the present Criminal Revision Petition against the judgment dated 20.07.2024, passed by the learned Sessions Judge, Shimla, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.39-S/10 of 2022, titled as ‘Jeet Ram Vs. M/s Golf Link Finance and Resorts Pvt. Ltd.’. 2. By way of judgment dated 20.07.2024, the learned First Appellate Court has dismissed the appeal, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:5612 filed by the petitioner, against the judgment of conviction dated 28.07.2022 and order of sentence dated 30.07.2022, passed by the Court of learned Chief Judicial Magistrate, Shimla, District Shimla, H.P. (hereinafter called as the ‘trial Court’), in Complaint No.23-3 of 2016, titled as ‘Golf Link Finance and Resorts Pvt. Ltd. Vs. Jeet Ram’. 3. Vide judgment of conviction dated 28.07.2022 and order of sentence dated 30.07.2022, 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 six months and to pay a compensation of Rs.2,10,000/- to the complainant. 4. After dismissal of the appeal by the learned First Appellate Court, the present Criminal Revision Petition has been preferred. 5. Now, the petitioner has moved application, bearing CrMP No.4596 of 2024, under Section 147 of NI Act, for compounding of offence on the ground that the matter has been amicably settled and the entire 3 2025:HHC:5612 compensation amount has already been paid by the petitioner in one-time settlement to the respondent-Bank. 6. Statements of the petitioner, as well as, of the Advocate, appearing for respondent-Bank, have been recorded, in which, they have deposed that the dispute, with regard to Cheque No.729180, dated 05.05.2016, has been settled between the parties. 7. Today i.e. 11.03.2025, Ms. Seema K. Guleria, Advocate, appearing for the respondent-Bank, under instructions, has stated, regarding the factum, as to why, Bank 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 First Appellate Court. She has also deposed that the matter has been settled with the petitioner. 8. According to the learned counsel, appearing for the respondent-Bank, she 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 4 2025:HHC:5612 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 he has also stated in the aforesaid terms. 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. He has further deposed that he has no objection in case, the amount of Rs.42,000/-, which he has deposited with the learned trial Court, is released in favour of the complainant/ respondent. 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 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 5 2025:HHC:5612 the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court. 12. 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.4596 of 2024, is allowed and the petitioner is permitted to compound the offence. 13. Consequently, the present petition is allowed and the judgment of conviction dated 28.07.2022 and order of sentence dated 30.07.2022, passed by learned trial Court in Complaint No.23-3 of 2016, which has been affirmed by learned First Appellate Court in Criminal Appeal No.39-S/10 of 2022, vide judgment dated 20.07.2024, 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 4% of the cheque amount, as compounding fee, with the Member Secretary, H.P. State Legal Services Authority, Shimla, within a period of ten weeks, from today. 6 2025:HHC:5612 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 28.07.2022 and order of sentence dated 30.07.2022, 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 March 11, 2025 (Gaurav Thakur)