2025:HHC:9002 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No.635 of 2024 Decided on : 03.04.2025 Jaswant Singh Saini …Petitioner Versus Jagdish Chand …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. B.L. Soni, Mr. Nitin Soni and Mr. Sunil Gautam, Advocates. For the respondent : Respondent in person with Mr. Ajay Kumar, Advocate. Virender Singh, Judge (oral) Petitioner-Jaswant Singh Saini has filed the present Criminal Revision Petition against the judgment dated 17.08.2024, passed by the Court of learned Sessions Judge, Sirmaur District at Nahan, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.129-Cr.A/10 of 2023, titled as ‘Jaswant Saini Vs. Jagdish Chand’. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:9002 2. By way of judgment dated 17.08.2024, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction dated 28.07.2023 and order of sentence dated 31.07.2023, passed by the Court of learned Chief Judicial Magistrate, Sirmaur at Nahan, H.P. (hereinafter called as the trial Court), in Criminal Complaint No.286/3 of 2021, titled as ‘Jagdish Chand Vs. Jaswant Singh’. 3. Vide judgment of conviction dated 28.07.2023 and order of sentence dated 31.07.2023, 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 six months and to pay a compensation of Rs.5,50,000/- 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 CrMP No.1231 of 2025, under Section 147 of NI 3 2025:HHC:9002 Act, for compounding of offence on the ground that now, the parties have settled the matter and the petitioner has paid the entire amount, to the complainant. 6. Today, statements of both the parties have been recorded, in which, they have deposed that the dispute, with regard to Cheque No.039146, dated 14.01.2020, has been settled between them. 7. Today i.e. 03.04.2025, complainant has stated on oath, regarding the factum, as to why, he 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. 7.1. Complainant has also deposed that the matter has been settled, with regard to Cheque No.039146, dated 14.01.2020, between them, for a sum of Rs.3,50,000/. According to him, he 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 of Rs.2,75,000/-, which the petitioner has 4 2025:HHC:9002 deposited with the learned trial Court, be released in his favour. 7.2. According to the complainant, he has also received the remaining payment of the agreed amount and according to him, now, nothing is due against the petitioner. 8. Petitioner-Jaswant Singh Saini 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 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.2,75,000/-, which he has deposited with the learned trial Court, is released in favour of complainant- Jagdish Chand. 9. In addition to this, the petitioner has put forward the indigent circumstances, by stating that some relaxation may be given in the compounding fee. 5 2025:HHC:9002 10. Apart from this, the petitioner-accused has also given an undertaking that he will deposit 50% of the compounding fee with the H.P. State Legal Services Authority, Shimla and remaining 50% of the compounding fee with H.P. High Court Staff Welfare Organization, Shimla, within a period of 10 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 parties, as well as, considering the fact that the matter has been settled between the accused (petitioner) and the respondent, application, bearing CrMP No.1231 of 2025, is allowed and the petitioner is permitted to compound the offence. 12. Consequently, the present petition is allowed and the judgment of conviction dated 28.07.2023 and order of sentence dated 31.07.2023, passed by learned trial Court, in Criminal Complaint No.286/3 of 2021, which has 6 2025:HHC:9002 been affirmed by learned Appellate Court, in Criminal Appeal No.129-Cr.A/10 of 2023, vide judgment dated 17.08.2024, 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 7% 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 10 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 10 weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction dated 28.07.2023 and order of sentence dated 31.07.2023, 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 7 2025:HHC:9002 of compensation i.e. a sum of Rs.2,75,000/-, deposited with the learned trial Court, be released to respondent- Jagdish Chand, on making application, as per Rules. 15. Pending miscellaneous applications, if any, shall also stand disposed of. ( Virender Singh ) Judge April 03, 2025 (Gaurav Thakur)