2025:HHC:43728 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. : 238 of 2025 Decided on : 15.12.2025 Roshan Lal …Petitioner Versus Gaurav Karol …Respondent The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner Roshan Lal in person, with Mr. Rajesh Kashyap, Advocate. For the respondent : Mr. Varun Chauhan, Advocate. Virender Singh, Judge (oral) Petitioner – Roshan Lal has filed the present Criminal Revision against the judgment dated 04.04.2025, passed by the Court of learned Additional Sessions Judge- I, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No. 362/2024, titled as ‘Roshan Lal Vs Gaurav Karol’. 2. By way of judgment dated 04.04.2025, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction, dated 06.09.2024 and order of sentence dated 16.09.2024, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:43728 passed by the Court of learned Judicial Magistrate First Class, Court No.3 Shimla, District Shimla, H.P., (hereinafter referred to as the ‘trial Court’), in Comp. under N.I. Act No. 601-3/2018/16(3), titled as ‘Gaurav Karol Vs Roshan Lal’. 3. Vide judgment of conviction, dated 06.09.2024 and order of sentence, dated 16.09.2024, 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 one year and to pay a fine/compensation of Rs. 3,60,000/- to the complainant. In default of payment of fine/compensation, convict shall undergo simple imprisonment for a period of one month. 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. 5571 of 2025, for 3 2025:HHC:43728 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, Mr. Varun Chauhan, learned Counsel for the respondent- complainant, have been recorded, in which, they both have deposed that the dispute with regard to Cheque No. 871973, dated 11.09.2015, 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 06.09.2024 and order of sentence, dated 16.09.2024. 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. The settled amount has been paid 4 2025:HHC:43728 and now nothing is due against him regarding cheque No. 871973. He has no objection, in case, the amount of Rs. 90,000/-, deposited by him before the learned trial Court, is ordered to be released in favour of the respondent- complainant. 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 from the offence punishable under Section 138 of N.I. Act. 11. Mr. Varun Chauhan, learned counsel for the respondent-complainant, has also made the similar statement. He has deposed that the respondent, has no objection, in case, the present petition is allowed and the petitioner-accused is acquitted by setting aside the judgment of conviction, dated 06.09.2024 and order of sentence, dated 16.09.2024. He has also deposed that the amount of Rs. 90,000/-, deposited by the petitioner- accused, before the learned trial Court, be released in favour of respondent-complainant. Rest of the settled amount, is stated to have already been received by the 5 2025:HHC:43728 complainant. Now, nothing is due against him with regard to cheque No. 871973. 12. On the basis of the statements of the parties, 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 respondent-complainant, the dispute with regard to Cheque No. 871973 dated 11.09.2015, 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. 5571 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 06.09.2024 and order of sentence dated 16.09.2024, passed by learned trial Court in Criminal Comp. No.601- 3/2018/16(3), which has been affirmed by learned Appellate Court, in Criminal Appeal No. 362/2024, vide 6 2025:HHC:43728 judgment dated 04.04.2025, 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 7.5% of the cheque amount, as compounding fee, within eight 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. 17. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within eight weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction, dated 06.09.2024 and order of sentence, dated 16.09.2024, 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 of Rs. 90,000/-, deposited by the petitioner-accused before the learned trial Court, is ordered to be released in favour of the respondent-complainant. 7 2025:HHC:43728 19. Pending miscellaneous applications, if any, shall also stand disposed of. (Virender Singh) Judge 15th December, 2025 (Pramod Kumar)