Extracted from the PDF above. The PDF is authoritative.
2025:HHC:17174 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No.651 of 2024 Decided on : 02.06.2025 Amar Nath
…Petitioner Versus Padam Sain & Another
…Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Amit Kumar Dhumal & Ms. Parul Negi, Advocates. For the respondent : Mr. Gurudev Negi, Advocate, for respondent No.1. Mr. Rohit Sharma, Deputy Advocate
General,
for respondent No.2. Virender Singh, Judge (oral) PetitionerAmar Nath has filed the present revision petition against the judgment dated 20.07.2024, passed by learned Sessions Judge, Kinnaur at Rampur Bushehr (Camp at Reckong Peo), H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.10 of 2024, titled as Amar Nath versus Padam Singh. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:17174
2. By way of judgment dated 20.07.2024, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction, dated 22.08.2023 and order of sentence dated 29.12.2023, passed by the Court of learned Chief Judicial Magistrate, Kinnaur at Reckong Peo, H.P., (hereinafter referred to as the ‘trial Court’), in Comp. U/s 138 NIA No.110/2016, titled as Padam Sain versus Amar Nath. 3. Vide judgment of conviction, dated 22.08.2023 and order of sentence dated 29.12.2023, 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 one month and to pay a fine/compensation of Rs.45,000/ to the complainant. In default, he has been ordered to further undergo simple imprisonment for one month. 4. After dismissal of the appeal by the learned Appellate Court, the present revision petition has been preferred. 3 2025:HHC:17174
5. During the pendency of the present petition, the parties have settled the matter. Thereafter, the petitioner has filed application bearing Cr.MP No.2251 of 2025, for permitting the parties to compound the offence, on the ground that the matter has been settled between the parties. 6. Statement of both the parties have been recorded, in which, they both have deposed that the dispute with regard to Cheque No.720987, dated 15.05.2016, has been settled between the parties. 7. Today, the accused is present before this Court.
He has deposed that he has been convicted and sentenced by the learned trial Court vide judgment of conviction, dated 22.08.2023 and order of sentence dated 29.12.2023. 8. Against the said judgment of conviction and
order of sentence, he had filed the appeal before the learned Appellate Court and the learned Appellate Court has also dismissed his appeal. Now, he is before this Court, in the present revision petition.
9. In addition to this, the accused has also submitted that during the pendency of the revision
4 2025:HHC:17174 petition, the matter has been compromised between him and the complainant. He has also deposed that he has deposited a sum of Rs.19,800/, before the learned trial Court and paid the remaining amount to the complainant.
10. The petitioner has also deposed that on the basis of the said compromise, the present petition may kindly be allowed by setting aside the judgment of conviction and order of sentence, referred to above, and he may kindly be acquitted of the charge.
11.
Learned counsel for respondent No.1, has also made the similar statement and has deposed that respondent No.1, has no objection, in case the present petition is allowed and the accused is acquitted by setting aside the judgment of conviction, dated 22.08.2023 and
order of sentence dated 29.12.2023.
12. On the basis of the statements, so made by the parties, one thing is clear that the matter has been settled between the parties and in pursuance of the said settlement, complainant has received the remaining amount of compensation from the petitioner.
5 2025:HHC:17174
13. According to the respondentcomplainant, the dispute with regard to Cheque No.720987 dated 15.05.2016, has been settled.
14. Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No.2251 of 2025, is allowed and the parties are permitted to compound the offence.
15. Considering the fact that the application for compounding of the offence has been allowed, the present petition is allowed and the judgment of conviction, dated 22.08.2023 and order of sentence dated 29.12.2023, passed by learned trial Court in Comp. U/s 138 NIA No.110/2016, which has been affirmed by learned Appellate Court, in Criminal Appeal No.10 of 2024, vide
judgment dated 20.07.2024, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 NI Act. His personal and surety bonds are discharged.
16. However, this order shall be, subject to deposit of 10% of the cheque amount, as compounding fee, within four weeks from today. 50% of the compounding fee be
6 2025:HHC:17174 deposited with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% with the H.P. High Court Staff Welfare Organization, Shimla.
17. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within four weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction, dated 22.08.2023 and order of sentence dated 29.12.2023, 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.
18. The amount deposited by the accused before the learned trial Court is ordered to be released in favour of complainant.
19. Pending miscellaneous applications, if any, shall also stand disposed of.
( Virender Singh ) June 02, 2025 (ps) Judge