1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Revision No. 809 of 2024 Decided on : 25.7.2025 Balwant Singh …Petitioner Versus The H.P. State Co-operative Bank …Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Petitioner : Ms. Deepmala, Advocate. For the Respondent : Mr. Vivek Sharma, Advocate. Virender Singh, Judge (oral) Petitioner Balwant Singh has filed the present petition, against the judgment dated 7.8.2024, passed by the Court of learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., (hereinafter referred to as ‘the Appellate Court’), in Criminal Appeal No. 24-10 of 2019, titled as, ‘Balwant Singh versus State of H.P.’. 2 2. By way of judgment dated 7.8.2024, learned Appellate Court has dismissed the aforesaid appeal. 3. The said appeal was preferred against the judgment of conviction and order of sentence, dated 28.6.2019, passed by the Court of learned Judicial Magistrate, First Class, Court No. 2, Ghumarwin, District Bilaspur, H.P. (hereinafter referred to as ‘the trial Court’), in Case RBT No. 44-II/2017, titled as, ‘H.P. State Cooperative Bank versus Balwant Singh’. 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. 3,47,218/- to the complainant. 5. During the pendency of the revision petition, before this Court, as per the stand taken by the 3 parties, the matter has been compromised between the parties. This fact has been demonstrated from Cr.M.P. No. 3216 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 petitioner has appeared before this Court today and stated on oath that the matter has been settled with the respondent, with regard to cheque No. 000006 dated 12.1.2017 and now, nothing is due against him. 7. The Manager of the respondent-Bank has made statement, on oath, acknowledging the factual position, as asserted by the petitioner, in his statement. 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, Cr.M.P. No. 3216 of 2025 is allowed and the petitioner is permitted to compound the offence. 4 9. In view of the above, 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 8% of the cheque amount, as compounding fee. 50% of the compounding fee shall be deposited by the petitioner/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 two months, from today. 10. 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 of sentence, shall revive automatically, and the petitioner shall surrender before the learned trial 5 Court to serve out the substantive sentence, imposed by the learned trial Court. 11. The present Revision Petition, is allowed 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 July 25, 2025 (Kalpana)