( 2025:HHC:9989 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. 844 of 2024 Decided on : 7 th April, 2025 Banita Devi …Petitioner Versus Himachal Pradesh Gramin Bank …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Vijay Chaudhary, Advocate For the respondent : Mr. K.B. Khajuria, Advocate Virender Singh, Judge (oral) Petitioner-Banita Devi has filed the present revision petition against the judgment dated 16.10.2024, passed by learned Additional Sessions Judge(I), Solan District Solan, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.17-AK-10/2022, titled as Banita Devi versus Himachal Pradesh Gramin Bank. 2. By way of judgment dated 16.10.2024, the learned Appellate Court has dismissed the appeal filed, by the petitioner, against the judgment of conviction dated 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 ( 2025:HHC:9989 ) 27.06.2022 and order of sentence dated 30.06.2022, passed by the Court of learned Judicial Magistrate First Class, Arki, District Solan, H.P., (hereinafter referred to as the ‘trial Court’), in Criminal Complaint No.223/3 of 2015, titled as Himachal Pradesh Gramin Bank versus Banita Devi. 3. Vide judgment of conviction dated 27.06.2022 and order of sentence dated 30.06.2022, 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 her to undergo simple imprisonment, for a period of two months and to pay a compensation of Rs.8,00,000/- to the complainant. 4. After dismissal of the appeal by the learned Appellate Court, the present revision petition has been preferred. 5. During the pendency of the present petition, the parties have settled the matter. Thereafter, the petitioner has filed application bearing Cr.MP No.1287 of 2025, for permitting the parties to compound the offence, on the 3 ( 2025:HHC:9989 ) ground that the matter has been settled between the parties. 6. Statements of learned counsel representing the the parties have been recorded, in which, they both have deposed that the dispute with regard to Cheque No.456201, dated 24.07.2015, has been settled between the parties. 7. Learned counsel for the petitioner has deposed that the petitioner has been convicted and sentenced by the learned trial Court vide judgment of conviction dated 27.06.2022 and order of sentence dated 30.06.2022. Against the said judgment of conviction and order of sentence, the petitioner had filed the appeal before the learned Appellate Court and the learned Appellate Court has also dismissed the appeal filed by the petitioner. Now, the petitioner is before this Court, in the present revision petition. 8. In addition to this, learned counsel for the petitioner has also submitted that during the pendency of the revision petition, the matter has been compromised between the petitioner and the complainant. 4 ( 2025:HHC:9989 ) 9. Learned counsel has also deposed that the petitioner has deposited the entire amount with the complainant Bank and the complainant Bank has also issued ‘No Dues Certificate’ dated 20.03.2025, in this regard. 10. In addition to this, learned counsel has also deposed that as per the directions of this Court, dated 26.12.2024, the petitioner has deposited 30% of the cheque amount, before the learned trial Court. 11. Learned counsel for the petitioner has further 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 the petitioner may kindly be acquitted of the charge. 12. Learned counsel for the respondent has also made the similar statement and has deposed that the complainant-Bank has no objection, in case the amount deposited by the petitioner, before the learned trial Court, is released, in favour of the petitioner. He has also deposed that the complainant-Bank has no objection, in 5 ( 2025:HHC:9989 ) case the present petition is allowed and the accused is acquitted by setting aside the judgment of conviction dated 27.06.2022 and order of sentence dated 30.06.2022. 13. On the basis of the statements, so made by the parties, as well as, perusal of the ‘No Dues Certificate’ dated 20.03.2025, one thing is clear that the matter has been settled between the parties and in pursuance of the said settlement, the petitioner has deposited the entire amount of compensation. 14. According to the learned counsel for the complainant-Bank, the dispute with regard to Cheque No.456201 dated 24.07.2015, has been settled. 15. Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No.1287 of 2025, is allowed and the parties are permitted to compound the offence. 16. 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 27.06.2022 and order of sentence dated 30.06.2022, passed by learned trial Court in Criminal Complaint 6 ( 2025:HHC:9989 ) No.223/3 of 2015, which has been affirmed by learned Appellate Court, in Criminal Appeal No.17-AK-10/2022, vide judgment dated 16.10.2024, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 NI Act. Her personal and surety bonds are discharged. 17. However, this order shall be, subject to deposit of 8% of the cheque amount, as compounding fee, within six weeks from today. 50% of the compounding fee be 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. 18. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within ten weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction dated 27.06.2022 and order of sentence dated 30.06.2022, passed by learned trial Court and in that eventuality, she shall surrender before the learned trial Court to undergo the substantive sentence, imposed upon her, by the learned trial Court. 7 ( 2025:HHC:9989 ) 19. The amount deposited by the petitioner before the learned trial Court, is ordered to be released in her favour. 20. Pending miscellaneous applications, if any, shall also stand disposed of. ( Virender Singh ) April 07, 2025 (ps) Judge