2025:HHC:45117 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. : 446 of 2023 Decided on : 22 nd December, 2025 Pritpal Singh …Petitioner Versus Naresh Kumar & Another …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Vinod Thakur, Advocate. For the respondents: Respondent No.1, in person with Mr. Aasheesh Patial, Advocate. Mr. H.S. Rawat, Additional Advocate General, for respondent No.2. Virender Singh, Judge (oral) Petitioner-Pritpal Singh has filed the present revision petition against the judgment dated 02.08.2023, passed by the learned Sessions Judge, Hamirpur, District Hamirpur, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.25 of 2023, titled as Pritpal Singh versus Naresh Kumar & Another. 2. By way of judgment dated 02.08.2023, 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:45117 the petitioner against the judgment of conviction, dated 25.02.2023 and order of sentence dated 27.02.2023, passed by the Court of learned Judicial Magistrate First Class, Court No.3, Hamirpur, H.P., (hereinafter referred to as the ‘trial Court’), in Comp. No.71-I-2020 (u/s 138 NI Act), titled as Naresh Kumar versus Pritpal Singh. 3. Vide judgment of conviction, dated 25.02.2023 and order of sentence dated 27.02.2023, the 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 compensation of Rs.2,95,000/- 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.5766 of 2025, for 3 2025:HHC:45117 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, respondent No.1, have been recorded, in which, they both have deposed that the dispute with regard to Cheque No.046108, dated 27.07.2020, 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 25.02.2023 and order of sentence dated 27.02.2023. 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:45117 deposited a sum of Rs.88,500/-, on 02.12.2023 and Rs.59,000/-, on 08.05.2023, 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, in cash. 10. The petitioner-accused 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. Complainant/respondent No.1, 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 accused is acquitted by setting aside the judgment of conviction, dated 25.02.2023 and order of sentence dated 27.02.2023. 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:45117 complainant has received the remaining amount from the petitioner-accused. 13. According to respondent No.1-complainant, the dispute with regard to Cheque No.046108 dated 27.07.2020, 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.5766 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 25.02.2023 and order of sentence dated 27.02.2023, passed by learned trial Court in Comp. No.71-I-2020 (u/s 138 NI Act), which has been affirmed by learned Appellate Court, in Criminal Appeal No.25 of 2023, vide judgment dated 02.08.2023, 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 is subject to deposit 7.5% of the cheque amount, as compounding fee, within ten weeks 6 2025:HHC:45117 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’. 17. 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 25.02.2023 and order of sentence dated 27.02.2023, 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 petitioner- accused, 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 ) December 22, 2025 (ps) Judge