2025:HHC:41145 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. : 421 of 2025 Decided on : 01.12.2025 Jagat Singh …Petitioner Versus H.P. State Co-operative Agriculture & Rural Development Bank, Shillai …Respondent The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Ms. Srishti Negi, Advocate. For the respondent : Sh. Anuj Kumar, Branch Manager, of respondent Bank in person, with Mr. Ishan Kashayap, Advocate. Virender Singh, Judge (oral) Petitioner – Jagat Singh has filed the present Criminal Revision against the judgment dated 21.05.2025, passed by the learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No. 84 of 2023, titled as ‘Jagat Singh Vs H.P. State Co-Operative Agriculture & Rural Development Bank, Branch Shillai’. 2. By way of judgment dated 21.05.2025, 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:41145 the petitioner against the judgment of conviction, dated 18.05.2023 and order of sentence dated 22.05.2023, passed by the Court of learned Judicial Magistrate First Class, Shillai, District Sirmaur, H.P., (hereinafter referred to as the ‘trial Court’), in Criminal Comp. No. 6/3 of 2022, titled as ‘H.P. State Co-operative Agriculture & Rural Development Bank Shillai Vs Jagat Singh’. 3. Vide judgment of conviction, dated 18.05.2023 and order of sentence, dated 22.05.2023, 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 fine/compensation of Rs. 90,948/- 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. 5285 of 2025, for 3 2025:HHC:41145 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, the Branch Manager of respondent-complainant bank, have been recorded, in which, they both have deposed that the dispute with regard to Cheque No. 853944, dated 28.10.2021, 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 18.05.2023 and order of sentence, dated 22.05.2023. 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 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. 44,900/-, before the learned trial 4 2025:HHC:41145 Court and he has no objection, in case the said amount is released in favour of complainant bank. Rest of the amount of Rs. 46,048/-, he has tendered today in the Court. Now nothing is due against him regarding cheque No. 853944, dated 28.10.2021. 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. Sh. Anuj Kumar, Branch Manager of respondent-complainant bank, has also made the similar statement. He has deposed that the respondent-Bank, has no objection, in case, the present petition is allowed and the petitioner-accused is acquitted by setting aside the judgment of conviction, dated 18.05.2023 and order of sentence, dated 22.05.2023. He also deposed that the amount of compensation i.e. Rs. 44,900/-, deposited by the petitioner-accused, before the learned trial Court, be released in favour of respondent-complainant bank. Rest of the amount of Rs. 46,048/- has been paid by the petitioner-accused, today, in the Court. 5 2025:HHC:41145 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, complainant has received the remaining amount of compensation from the petitioner. 13. According to the respondent-complainant, the dispute with regard to Cheque No. 853944 dated 28.10.2021, 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.5285 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 18.05.2023 and order of sentence dated 22.05.2023, passed by learned trial Court in Criminal Comp. No. 6/3 of 2022, which has been affirmed by learned Appellate Court, in Criminal Appeal No. 84 of 2023, vide judgment dated 21.05.2025, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 NI Act. His personal and surety bonds are discharged. 6 2025:HHC:41145 16. However, this order shall be subject to deposit of 7% 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 18.05.2023 and order of sentence, dated 22.05.2023, 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 bank. 19. Pending miscellaneous applications, if any, shall also stand disposed of. (Virender Singh) Judge 01st December, 2025 (Pramod Kumar)