1 2025:HHC:38835 2025:HHC:38835 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Revision No. 156 of 2023 Decided on : 17.11.2025 Raj Kumar & anr. …Petitioners Versus M/s Suresh Raj Pal & Sons …Respondents ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Petitioner : Petitioners in person with Mr. B.N. Sharma, Advocate. For the Respondents : Respondent in person with Mr. Diwan Singh Negi, Advocate. Virender Singh, Judge (oral) Petitioners have filed the present petition, against the judgment dated 20.2.2023, passed by the Court of learned Additional Sessions Judge, Kinnaur at Rampur Bushehar, District Shimla, H.P. (hereinafter referred to as ‘the Appellate Court’), in 2 2025:HHC:38835 Criminal Appeal No. 52 of 2019, titled as, ‘Raj Kumar & anr. versus M/s Suresh Raj Pal and Sons’. 2. By way of judgment dated 20.02.2023, learned Appellate Court has dismissed the aforesaid appeal. 3. The said appeal was preferred against the judgment of conviction and order of sentence, dated 4.9.2019, passed by the Court of learned Addl. Chief Judicial Magistrate, Rampur Bushehar, District Shimla, H.P. (hereinafter referred to as ‘the trial Court’), in Crl. Case No. 17 of 2017, titled as, ‘M/s Suresh Raj Pal & Sons versus Raj Kumar & others’. 4. By way of judgment of conviction and order of sentence, as referred to above, the learned trial Court has convicted the petitioners (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 them to undergo simple imprisonment, for a period of six months and to pay a 3 2025:HHC:38835 compensation of Rs. 5,20,000/- each, to the complainant. 5. During the pendency of the revision petition, before this Court, as per the stand taken by the parties, the matter has been compromised between the parties. This fact has been demonstrated from Cr.M.P. No. 5038 of 2025, which has been moved by learned counsel for the petitioners-accused, before this Court, in which, they have prayed that permission to compound the offence may kindly be accorded. 6. The petitioners-accused have appeared before this Court, today and made a joint statement, on oath, stating that the matter has been settled with the respondent, with regard to cheque Nos. 098701 and 926815 dated 25.9.2016. They have deposed that they have deposited a sum of Rs. 2,60,000/- with the Registry of this Court and a sum of Rs. 2,60,000/- with the learned trial Court, and now, nothing is due against them. They have deposed that they have no objection, in case, the amount deposited with the 4 2025:HHC:38835 Registry of this Court, as well as, the learned trial Court, is released, in favour of the complainant. 7. Respondent has made statement on oath, acknowledging the factual position, as asserted by the petitioners-accused, in their joint statement. Lastly, he has stated that he has no objection, in case, the present petition is allowed. He has prayed that the amount deposited by the petitioners, with the Registry of this Court, as well as, with the learned trial Court, as aforesaid, may kindly be released in his favour. 8. Keeping in view the fact that the parties to the lis have compromised the matter, Cr.M.P. No. 5038 of 2025 is allowed and the petitioners are permitted to compound the offence. 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/petitioners are acquitted from the offence, punishable under Section 5 2025:HHC:38835 138 of the N.I. Act, subject to payment of 7.5% of the cheque amount, each, as compounding fee. 50% of the compounding fee shall be deposited by each of the petitioners/accused with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% of the amount shall be deposited by them with the Chief Justice, Disaster Relief Fund, 2025, within eight weeks, from today. 10. The amount of Rs. 2,60,000/- deposited by the petitioners with the Registry of this Court, and a sum of Rs. 2,60,000/- deposited by them, with the learned trial Court, is ordered to be released in favour of the complainant. The amount, so released, shall be remitted to the bank account of the complainant, particulars of which, shall be submitted by the complainant to the Registry of this Court. 11. 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 6 2025:HHC:38835 of sentence, shall revive automatically, and the petitioners shall surrender before the learned trial Court to serve out the substantive sentence, imposed by the learned trial Court. 12. The bail bonds furnished by the petitioners/accused are ordered to be discharged. 13. The pending application(s), if any, are also disposed of. (Virender Singh) Judge November 17, 2025 (Kalpana)