2025:HHC:38504 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. : 136 of 2025 Decided on : 14 th November , 2025 Balinder Singh …Petitioner Versus H.P. State Co-operative Agriculture & Development Bank …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Ankit Kaloti, Advocate. For the respondent: Mr. Hamender Singh Chandel, Advocate. Virender Singh, Judge (oral) Petitioner, has filed the present revision petition against the judgment dated 02.09.2024, passed by the learned Additional Sessions Judge, Nahan, District Sirmaur, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.100-N/10 of 2023, titled as Balinder Singh versus The H.P. State Co-operative Agriculture & Development Bank. 2. By way of judgment dated 02.09.2024, 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:38504 the petitioner against the judgment of conviction and order of sentence dated 31.05.2023, passed by the Court of learned Chief Judicial Magistrate, Sirmaur at Nahan, H.P., (hereinafter referred to as the ‘trial Court’), in Cr. Complaint No.152/3 of 2022, titled as The H.P. State Co- operative Agriculture & Rural Development Bank versus Balinder Singh. 3. Vide judgment of conviction and order of sentence dated 31.05.2023, 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 six months and to pay a compensation of Rs.1,95,446/- 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.4900 of 2025, for 3 2025:HHC:38504 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 learned counsel appearing for the respondent, have been recorded, in which, they both have deposed that the dispute with regard to Cheque No.028457, dated 29.01.2022, 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, judgment of conviction and order of sentence dated 31.05.2023. 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 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-Bank. He has also deposed that he has deposited a sum of Rs.39,500/-, before the learned 4 2025:HHC:38504 trial Court and he has prayed that the said amount may kindly be released in his favour, as he has deposited the entire settled amount to the complainant-Bank. 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. Learned counsel appearing for the respondent is also present, in the Court and he has made the similar statement. He has deposed that the respondent, has no objection, in case, the present petition is allowed and the accused is acquitted by setting aside the judgment of conviction and order of sentence dated 31.05.2023. 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, complainant has received the remaining settled amount from the petitioner-accused. 5 2025:HHC:38504 13. According to the respondent-complainant, the dispute with regard to Cheque No.028457 dated 29.01.2022, 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.4900 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 and order of sentence dated 31.05.2023, passed by learned trial Court in Cr. Complaint No.152/3 of 2022, which has been affirmed by learned Appellate Court, in Criminal Appeal No.100-N/10 of 2023, vide judgment dated 02.09.2024, 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 is subject to deposit 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 6 2025:HHC:38504 Services Authority, Shimla, and remaining 50% with the ‘Chief Justice Disaster Relief Fund, 2025’. 18. 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 and order of sentence dated 31.05.2023, 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 his favour. 19. Pending miscellaneous applications, if any, shall also stand disposed of. ( Virender Singh ) November 14, 2025 (ps) Judge