1 2025:HHC:32451 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Revision No.810 of 2024 Date of Decision: 17.09.2025 Nihal Chand …Petitioner Versus Himachal Pradesh State Cooperative Agriculture and Rural Development Bank …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Petitioner in person with Mr. Khem Raj, Advocate. For the Respondent : Mr. Narender Singh Thakur, Advocate. Virender Singh, Judge (Oral) Petitioner-Nihal Chand has filed the present Criminal Revision against the judgment dated 03.07.2024, passed by the Court of learned Additional Sessions Judge, Rohru, District Shimla, H.P., (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal bearing Regd. No.24 of 2024, titled as ‘Nihal Chand vs. H.P. State Co-operative Agricultural and Rural Development Bank Ltd’. 2. By way of judgment dated 03.07.2024, the learned Appellate Court has dismissed the appeal, filed by the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2025:HHC:32451 petitioner, against the judgment of conviction and order of sentence dated 13.03.2024, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., (hereinafter called as the ‘trial Court’), in Criminal Case No.430-3 of 2024/2020, titled as ‘H.P. State Cooperative Agriculture and Rural Development Bank versus Nihal Chand’. 3. Vide judgment of conviction and order of sentence dated 13.03.2024, 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 one year and to pay a compensation of Rs.6,30,000/- to the complainant. 4. After dismissal of the appeal by the learned Appellate Court, the present Criminal Revision has been preferred. 5. Now, the petitioner has moved Cr.MP No.4136 of 2025, under Section 147 of NI Act, for compounding of offence. 6. Statements of the petitioner, as well as, learned counsel, appearing for respondent have been recorded, in which, they have agreed that the dispute, with regard to 3 2025:HHC:32451 Cheque No.493842, dated 29.02.2020 has been settled, between the parties. 7. Today i.e. 17.09.2025, learned counsel, appearing for respondent, under instructions, has stated, regarding the factum, as to why, respondent-bank had 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 Appellate Court. He has also deposed that the matter has been settled with the petitioner. 8. Learned counsel appearing for the respondent, has further deposed that the respondent-bank has no objection, if the present revision petition is allowed and the judgment of conviction and order of sentence passed by the learned trial Court, are ordered to be quashed and set-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 has also stated in the aforesaid terms. He has deposited a sum of Rs.3,15,000/- before the learned trial Court and during mediation proceedings, he has deposited a sum of Rs.3,15,000/- with the bank vide receipt dated 09.09.2025, 4 2025:HHC:32451 which is Ext.PX and the said amount has also been acknowledged by issuing certificate Annexure PY. He has no objection, in case, the amount, so deposited, before the learned trial Court, be released in favour of complainant-bank. He has paid the entire settled amount to the respondent-bank and now nothing is due against him with regard to the cheque in question. He has 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. 11. 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. 12. In addition to this, the petitioner has also put forward the indigent circumstances, by stating that he is a poor person and his house has damaged, during rainy season. In 5 2025:HHC:32451 this regard, a certificate issued by the Patwari has been placed on record as Annexure A-1, as such, some leniency may kindly be shown, while assessing the compounding fee. 13. Considering the statements of the parties, as well as, considering the fact that the matter has been settled between the accused (petitioner) and the complainant, Cr.MP No.4136 of 2025, is allowed and the parties to the lis are permitted to compound the offence. 14. Consequently, the present petition is allowed and the judgment of conviction and order of sentence dated 13.03.2024, passed by the learned trial Court, in Criminal Case No.430-3 of 2024/2020, which has been affirmed by learned Appellate Court, in Criminal Appeal bearing CIS Regd.No.24 of 2024, vide judgment dated 03.07.2024, 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. 16. However, this order shall be, subject to the deposit of 5% of the cheque amount, as compounding fee. 50% of the amount of compounding fee shall be deposited by the accused with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% of the aforesaid amount 6 2025:HHC:32451 shall be deposited with the Chief Justice, Disaster Relief Fund, within a period of eight weeks from today. 17. 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 judgment of conviction and order of sentence dated 13.03.2024, 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. Pending miscellaneous applications, if any, shall also stand disposed of. (Virender Singh) Judge September 17, 2025 (subhash)