Extracted from the PDF above. The PDF is authoritative.
2025:HHC:23617 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No.404 of 2023 Decided on : 21
st July, 2025 Ritu Sharma
…Petitioner Versus Rocky Saraswal
…Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Servedaman Rathore, Advocate. For the respondent: Ms. Meghna Singh, Advocate. Virender Singh, Judge (oral) Petitioner – Ritu Sharma has filed the present revision petition against the judgment dated 01.07.2023, passed by the learned Additional Sessions Judge, Sirmaur at Nahan, District Sirmaur, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.152N/10 of 2022, titled as Ritu Sharma versus Rocky Saraswal.
2. By way of judgment dated 01.07.2023, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction, and
order of sentence dated 29.09.2022, passed by the Court of 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2025:HHC:23617 learned Chief Judicial Magistrate, Sirmaur at Nahan, H.P., (hereinafter referred to as the ‘trial Court’), in Case No.119/3 of 2021, titled as Rocky Saraswal versus Ritu Sharma.
3. Vide judgment of conviction, and order of sentence dated 29.09.2022, 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 three months and to pay a fine/compensation of Rs.50,000/ 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.3068 of 2025, for permitting the parties to compound the offence, on the ground that the matter has been settled between the parties.
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6. Statement of both the parties have been recorded, in which, they both have deposed that the dispute with regard to Cheque No.755066, dated 25.06.2020, has been settled between the parties.
7. Today, the petitioneraccused is present before this Court. She has deposed that she has been convicted and sentenced by the learned trial Court vide judgment of conviction, and order of sentence dated 29.09.2022.
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 her appeal. Now, she is before this Court, in the present revision petition.
9. In addition to this, the petitioneraccused has also submitted that during the pendency of the revision petition, the matter has been compromised between her and the complainant. She has also deposed that she has deposited a sum of Rs.21,500/, before the learned trial Court and paid the remaining settled amount to the complainant.
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10. The petitioner 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 she may kindly be acquitted of the charge.
11.
Learned counsel for the respondent, has also made the similar statement and 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, and order of sentence dated 29.09.2022.
12. On the basis of the statements, so made by the petitioner and learned counsel for the respondent, 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 amount of compensation from the petitioner.
13. According to the learned counsel for the respondentcomplainant, the dispute with regard to Cheque No.755066 dated 25.06.2020, has been settled.
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14. Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No.3068 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, and
order of sentence dated 29.09.2022, passed by learned trial Court in Case No.119/3 of 2021, which has been affirmed by learned Appellate Court, in Criminal Appeal No.152 N/10 of 2022, vide judgment dated 01.07.2023, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 NI Act. Her personal and surety bonds are discharged.
16. However, this order shall be, subject to deposit of 10% 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.
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17. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within four weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction, and order of sentence dated 29.09.2022, 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.
18. The amount deposited by the accused before the learned trial Court is ordered to be released in favour of complainant.
19. Pending miscellaneous applications, if any, shall also stand disposed of.
( Virender Singh ) July 21, 2025 (ps) Judge