Extracted from the PDF above. The PDF is authoritative.
2025:HHC:33952 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Revision No. : 437 of 2024 Decided on : 07.10.2025 Bhushan Kumar Mehta …Petitioner Versus Abhishek Sood …Respondent The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. P.S. Chandel, Advocate. For the respondent : Respondent in person with Mr. Mehar Chand, Advocate. Virender Singh, Judge (oral) Petitioner – Bhushan Kumar Mehta has filed the present Criminal Revision against the judgment dated 31.05.2024, passed by the learned Sessions Judge, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No. 28S/10 of 2024, titled as ‘Bhushan Kumar Mehta Vs Abhishek Sood’. 2. By way of judgment dated 31.05.2024, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction dated 22.02.2024 and order of sentence dated 26.02.2024, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:33952 passed by the Court of learned Additional Chief Judicial Magistrate, Court No. 3 Shimla, District Shimla, H.P., (hereinafter referred to as the ‘trial Court’), in Criminal Case No. 714 of 2018, titled as ‘Abhishek Sood Vs Bhushan Kumar Mehta’. 3. Vide judgment of conviction dated 22.02.2024 and order of sentence dated 26.02.2024, 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 fifteen days and to pay a fine/compensation of Rs. 1,25,000/ to the complainant. 4. After dismissal of the appeal by the learned Appellate Court, the present Criminal Revision 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. 4436 of 2025, for permitting the parties to compound the offence, on the ground that the matter has been settled between them. 3 2025:HHC:33952
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. 574392, dated 26.04.2018, 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 22.02.2024 and order of sentence dated
26.02.2024. 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 dismissed his appeal. Now, he is before this Court, by way of the present Criminal Revision.
9. In addition to this, the accused (petitioner) has also submitted that during the pendency of the Criminal Revision, the matter has been compromised between him and the complainant. He has also deposed that he has deposited a sum of Rs. 62,500/, with the Registry of this Court and Rs. 62,500/ before the learned trial Court. Over and above the said amount, accusedpetitioner has
4 2025:HHC:33952 paid a sum of Rs. 5,000/ to the complainant. Accused petitioner has no objection, in case the said amount is released in favour of complainant Abhishek Sood.
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 he, has no objection, in case, the present petition is allowed and the petitioneraccused is acquitted by setting aside the
judgment of conviction dated 22.02.2024 and order of sentence dated 26.02.2024. He also deposed that the amount of compensation i.e. Rs. 1,25,000/, deposited by the petitioneraccused, before the Registry of this Court, as well as, before learned trial Court, be released in his (respondentcomplainant) favour.
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,
5 2025:HHC:33952 complainant has received the remaining amount of compensation from the petitioner.
13. According to the respondentcomplainant, the dispute with regard to Cheque No. 574392 dated 26.04.2018, 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. 4436 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 22.02.2024 and order of sentence dated 26.02.2024, passed by learned trial Court in Comp. 138 N.I. Act No. 714 of 2018, which has been affirmed by learned Appellate Court, in Criminal Appeal No. 28S/10 of 2024, vide
judgment dated 31.05.2024, 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 of 15% of the cheque amount, as compounding fee, within
6 2025:HHC:33952 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. Chief Justice Disaster Relief Fund.
17. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within six weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction dated 22.02.2024, and order of sentence dated 26.02.2024, 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 Registry of this Court, as well as, 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)
Judge 07th October, 2025 (Pramod Kumar)