Extracted from the PDF above. The PDF is authoritative.
2025:HHC:29411 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. 161 of 2025 Decided on : 29
th August, 2025 Arun Chauhan
…Petitioner Versus Vikrant Sharma …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Sanket Sankhyan, Advocate. For the respondent: Respondent in person with Mr. Naresh K. Sharma, Advocate. Virender Singh, Judge (oral) Petitioner – Arun Chauhan has filed the present revision petition against the judgment dated 23.05.2024, passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. (Camp at Bilaspur) (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.3210 of 2022, titled as Arun Chauhan versus Vikrant Sharma. 2. By way of judgment dated 23.05.2024, the learned Appellate Court has dismissed the appeal filed by 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:29411 the petitioner against the judgment of conviction, dated 07.07.2022 and order of sentence dated 12.07.2022, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Ghumarwin, District Bilaspur, H.P., (hereinafter referred to as the ‘trial Court’), in Criminal Case No.144/03 of 2016/13, titled as Vikrant Sharma versus Arun Chauhan. 3. Vide judgment of conviction, dated 07.07.2022 and order of sentence dated 12.07.2022, 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 him to undergo simple imprisonment, for a period of three months and to pay a fine/compensation of Rs.7,00,000/ 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.3833 of 2025, for
3 2025:HHC:29411 permitting the parties to compound the offence, on the ground that the matter has been settled between them. 6. Statements of the petitioner, as well as, the respondent, have been recorded, in which, they both have deposed that the dispute with regard to Cheque No.638179, dated 11.04.2013, has been settled between the parties. 7. Today, the accused (petitioner) 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 07.07.2022 and order of sentence dated
12.07.2022.
8. 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 his appeal. Now, he is before this Court, in the present revision petition. 9. In addition to this, the accused (petitioner) has also submitted that during the pendency of the revision petition, the matter has been compromised between him and the complainant. He has also deposed that he has
4 2025:HHC:29411 deposited a sum of Rs.1,53,400/, before the learned trial Court and he has no objection, in case the said amount is released in favour of the complainant. He has also deposed that the remaining settled amount has been paid to the complainant. 10. The petitioneraccused 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. Respondent is also present in the Court and he has made the similar statement. He has deposed that respondent, has no objection, in case, the present petition is allowed and the petitioneraccused is acquitted by setting aside the judgment of conviction, dated 07.07.2022 and order of sentence dated 12.07.2022. 12. On the basis of the above statements, 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 settled amount from the petitioner. 5 2025:HHC:29411
13. According to the respondentcomplainant, the dispute with regard to Cheque No.638179 dated 11.04.2013, has been settled between the parties. 14. Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No.3833 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 07.07.2022 and order of sentence dated 12.07.2022, passed by learned trial Court in Criminal Case No.144/03 of 2016/13, which has been affirmed by learned Appellate Court, in Criminal Appeal No.3210 of 2022, vide judgment dated 23.05.2024, 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 15% of the cheque amount, as compounding fee, within eight weeks from today. 50% of the compounding fee be deposited with the Member Secretary, H.P. State Legal
6 2025:HHC:29411 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 eight weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction, dated 07.07.2022 and order of sentence dated 12.07.2022, 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 petitioneraccused before the learned trial Court, is ordered to be released in favour of the complainant. 19. Pending miscellaneous applications, if any, shall also stand disposed of. ( Virender Singh ) August 29, 2025 (ps) Judge