1  2025:HHC:45803 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MMO No.1194 of 2025 Date of Decision: 24.12.2025 Het Ram …Petitioner Versus Nishan Pal & Anr. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Petitioner in person with Mr. Bhishm Sharma, Advocate. For the Respondents : Mr. Chandresh Pal, Advocate, for respondent No.1. Mr. H.S. Rawat and Mohinder Zharaick Additional Advocates General, for respondent No.2. Virender Singh, Judge (Oral) Petitioner-Het Ram has filed the present petition against the judgment dated 03.12.2019, 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 Criminal Appeal No.19/2019, titled as ‘Het Ram versus Nishan Pal’. 2. By way of judgment dated 03.12.2019, the learned Appellate Court has dismissed the appeal, filed by 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  2025:HHC:45803 ) the petitioner, against the judgment of conviction and order of sentence dated 11.04.2019, passed by the Court of learned Additional Chief Judicial Magistrate, Rampur Bushehar, District Shimla, H.P., (hereinafter called as the ‘trial Court’), in Complaint 138 NI Act No.234/2016, titled as ‘Nishan Pal versus Het Ram’. 3. Vide judgment of conviction and order of sentence dated 11.04.2019, 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 six months and to pay a compensation of Rs.75,000/- to the complainant. 4. After dismissal of the appeal by the learned Appellate Court, the petitioner had filed the petition, along with, application for condonation of delay, before this Court, which was dismissed on 06.01.2022. Thereafter, the petitioner had preferred Cr.MMO No.1047 of 2023, which was also dismissed on 12.12.2023. 5. After dismissal of the said petition, the present petition has been preferred. 3  2025:HHC:45803 ) 6. Now, the petitioner has moved Cr.MP No.5816 of 2025, under Section 147 of NI Act, for compounding of offence. 7. Statements of the petitioner, as well as, respondent (through video conferencing) have been recorded, in which, they have agreed that the dispute, with regard to Cheque No.640370, dated 21.08.2016, has been settled, between the parties. 8. Today i.e. 24.12.2025, respondent, who has made a statement through video conferencing, has stated, regarding the factum, as to why, he had filed the complaint, against the accused (petitioner), in which, the judgment of conviction and order of sentence have been passed, which have unsuccessfully been assailed, before the learned Appellate Court. He has also deposed that the matter has been settled with the petitioner. 9. Respondent has further deposed that he has no objection, if the present petition is allowed and the judgment of conviction and order of sentence passed by the learned trial Court, are ordered to be quashed and set-aside and the 4  2025:HHC:45803 ) petitioner is acquitted from the offence, punishable under Section 138 of NI Act. 10. Today, petitioner is also present before this Court and has also stated in the aforesaid terms. He has paid the entire settled amount to the respondent and now nothing is due against him with regard to the cheque in question. He has deposed that on the basis of the compromise, the present petition may be allowed by setting aside the judgment of conviction and order of sentence, referred to above, and she may be acquitted from the offence, punishable under Section 138 of NI Act. 11. Apart from this, the petitioner-accused has also given an undertaking that he will deposit the compounding fee, within a period of four weeks from today and in case, he fails to deposit the compounding fee, within the stipulated period, the petition may be treated, as dismissed and in that eventuality, he will surrender before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court. 12. Considering the statements of the parties, as well as, considering the fact that the matter has been settled 5  2025:HHC:45803 ) between the accused (petitioner) and the complainant, Cr.MP No.5816 of 2025, is allowed and the parties to the lis are permitted to compound the offence. 13. Consequently, the present petition is allowed and the judgment of conviction and order of sentence dated 11.04.2019, passed by the learned trial Court, in Complaint NI Act No.234/2016, which has been affirmed by learned Appellate Court, in Criminal Appeal No.19/2019, vide judgment dated 03.12.2019, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 of the NI Act. His personal and surety bonds are discharged. 14. However, this order shall be, subject to the deposit of 7.5% of the cheque amount, as compounding fee. 50% of the amount of compounding fee shall be deposited by the accused with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% of the aforesaid amount shall be deposited with the H.P. High Court Employees Welfare Association, within a period of four weeks from today. 15. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, 6  2025:HHC:45803 ) within a period of four weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction and order of sentence dated 11.04.2019, 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. 16. Pending miscellaneous applications, if any, shall also stand disposed of. (Virender Singh) Judge December 24, 2025 (subhash)