1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Revision No. 134 of 2025 Decided on : 6.5.2025 Bakshi Ram …Petitioner Versus State Bank of India (Earlier State Bank of Patiala) …Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Petitioner : Mr. Goldy Kumar, Advocate. For the Respondent : Mr. Arvind Sharma, Advocate. Virender Singh, Judge (oral) Petitioner Bakshi Ram has filed the present petition, against the judgment dated 11.7.2024, passed by the Court of learned Additional Sessions Judge-1, Kangra at Dharamshala, District Kangra, H.P., (hereinafter referred to as ‘the Appellate Court’), in Criminal Appeal No. 5-D/X/2020, titled as, ‘Bakshi Ram versus State Bank of Patiala’. 2 2. By way of judgment dated 11.7.2024, learned Appellate Court has dismissed the aforesaid appeal. 3. The said appeal was preferred against the judgment of conviction, dated 15.11.2019 and order of sentence, dated 22.1.2020, passed by the Court of learned Judicial Magistrate, Ist Class, Court No. 2, Kangra, District Kangra (H.P.) (hereinafter referred to as ‘the trial Court’), in Criminal Complaint No. 76- III/2014, titled as, ‘State Bank of Patiala versus Bakshi Ram’. 4. By way of judgment of conviction and order of sentence, as referred to above, the learned trial Court has convicted the petitioner (hereinafter referred to as ‘the accused’) for the commission of offence, punishable under Section 138 of Negotiable Instrument Act, (hereinafter referred to as ‘the N.I. Act’) and sentenced him to undergo simple imprisonment, for a period of six months and to pay a compensation of Rs. 1,80,380/- to the complainant. 3 5. During the pendency of the revision petition, before this Court, as per the stand taken by the parties, the matter has been compromised between the parties. This fact is demonstrated from Cr. M.P. No. 1719 of 2025, which has been moved by learned counsel for the petitioner, before this Court, in which, he has prayed that permission to compound the offence may kindly be accorded. 6. The learned counsel for the petitioner has made statement, without oath, that the matter has been settled with the respondent, with regard to cheque No. 922377, dated 23.3.2012, for a sum of Rs. 1,20,380/-, and in view of the settlement, the respondent-Bank has issued Ext. PA, in favour of the petitioner. 7. The learned counsel for the respondent/complainant has made statement, without oath, acknowledging the factual position, as asserted by learned counsel for the petitioner, in his statement. 4 Lastly, he has stated that he has no objection, in case, the present petition is allowed. 8. Keeping in view the fact that the parties to the lis have compromised the matter, the present petition is allowed, by setting aside the impugned judgment of conviction and order of sentence, referred to above, passed by the learned trial Court, and affirmed by the learned Appellate Court, and accused is acquitted from the offence, punishable under Section 138 of the N.I. Act, subject to payment of 5% of the cheque amount, as compounding fee. 50% of the compounding fee shall be deposited by the accused with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% of the amount shall be deposited by him with the H.P. High Court Staff Welfare Organization, Shimla, within eight weeks, from today. 9. It is further clarified that in case of failure to deposit the compounding fee, within the prescribed period, the revision petition shall be deemed to have been dismissed and judgment of conviction and order 5 of sentence, shall revive automatically, and the applicant shall surrender before the learned trial Court to serve out the substantive sentence, imposed by the learned trial Court. 10. The present Revision Petition, as well as, Cr. M.P.No. 1719 of 2025 are disposed of in the aforesaid terms. The bail bonds furnished by the accused are ordered to be discharged. The pending application(s), if any, are also disposed of. (Virender Singh) Judge May 6, 2025 (Kalpana)