2025:HHC:17891 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No.284 of 2025 Decided on : 05.06.2025 Roop Lal …Petitioner Versus HP Gramin Bank & Anr. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Gurdev Negi, Advocate. For the respondents: Mr. K.B. Khajuria, Advocate for respondent No.1. Mr. Tejasvi Sharma, Additional Advocate General with Mr. Deputy Advocate General for respondent No.2. Virender Singh, Judge (oral) Petitioner-Roop Lal has filed the present Criminal Revision Petition against the judgment dated 01.12.2023, passed by the learned Sessions Judge, Mandi Division Mandi, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.46 of 2023, titled as ‘Roop Lal Vs. HP Gramin Bank & Anr.’. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:17891 2. By way of judgment dated 01.12.2023, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 04.03.2023, passed by the Court of learned Judicial Magistrate First Class, Thunag, District Mandi, H.P. (hereinafter referred to as the ‘trial Court’), in Complaint No.316/2022, titled as ‘HP Gramin Bank Vs. Roop Singh’. 3. Vide judgment of conviction and order of sentence dated 04.03.2023, 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.7,90,000/- to the complainant. In default of payment of fine, he has been further sentenced to undergo simple imprisonment for a period of one month. 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.2340 of 2025, under Section 147 of NI 3 2025:HHC:17891 Act, for compounding of offence on the ground that the petitioner has settled the matter with the respondent-Bank and respondent-Bank has no objection, in case, the present application is allowed. 6. Today, statements of learned counsel, appearing for the petitioner, as well as, learned counsel, appearing for the respondent, have been recorded, in which, they have deposed that the dispute, with regard to Cheque No.080103, dated 29.09.2017, has been settled between them and nothing is due against the petitioner. 7. Learned counsel, appearing for the respondent- Bank, has stated regarding the factum, as to why, respondent-Bank 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. He has also deposed that the matter has been settled between the parties, with regard to Cheque No.080103, dated 29.09.2017, amounting to Rs.5,84,570/. According to him, the respondent-Bank 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 4 2025:HHC:17891 accused is acquitted from the offence, punishable under Section 138 of NI Act. 8. Learned counsel, appearing for the petitioner, has also deposed, 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 the petitioner, who is in judicial custody, may be released. 9. Apart from this, learned counsel, appearing for petitioner-accused, has also given an undertaking that the petitioner-accused 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, his revision petition may be treated as dismissed and in that eventuality, the petitioner will surrender before the learned trial Court to undergo the remaining substantive sentence, imposed upon him, by the learned trial Court. 10. Considering the statement of the learned counsel for both the parties, as well as, considering the fact that the matter has been settled between the accused 5 2025:HHC:17891 (petitioner) and the complainant, application, bearing CrMP No.2340 of 2025, is allowed and the petitioner is permitted to compound the offence. 11. Consequently, the present petition is allowed and the judgment of conviction and order of sentence dated 04.03.2023, passed by learned trial Court in Complaint No.316/2022, which has been affirmed by learned Appellate Court in Criminal Appeal No.46 of 2023, vide judgment dated 01.12.2023, are set aside and the petitioner is acquitted from the offence punishable, under Section 138 of the NI Act. The petitioner, who is in judicial custody in District Jail, Mandi, is ordered to be released, if not required, in any other case. His personal and surety bonds are discharged. 12. However, this order shall be, subject to the deposit of 8% 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 eight weeks, from today. 6 2025:HHC:17891 13. 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 04.03.2023, passed by learned trial Court and in that eventuality, he shall surrender before the learned trial Court to undergo the remaining substantive sentence, imposed upon him, by the learned trial Court. 14. Pending miscellaneous application(s), if any, shall also stand disposed of. ( Virender Singh ) Judge June 05, 2025 (Gaurav Thakur) Digitally signed by RAJNI Date: 2025.06.06 14:36:50 IST