1  ( 2025:HHC:25779 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Revision No.19 of 2025 Date of Decision: 31.07.2025 Anil Kumar …Petitioner Versus Vijay Kashyap …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Petitioner in person with Mr. G.R. Palsra and Mr. Manjeet Singh, Advocates. For the Respondent : Mr. Chandresh Pal, Advocate. Virender Singh, Judge (Oral) Petitioner-Anil Kumar has filed the present Criminal Revision Petition against the judgment dated 03.12.2024, passed by the learned Sessions Judge, Mandi, District Mandi, H.P., (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.110 of 2024, titled as ‘Anil Kumar versus Vijay Kashyap’. 2. By way of judgment dated 03.12.2024, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction dated 28.06.2024 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  ( 2025:HHC:25779 and order of sentence dated 22.07.2024, passed by the Court of learned Judicial Magistrate First Class, Court No.2, Mandi, District Mandi, H.P., (hereinafter called as the ‘trial Court’), in Complaint Registration No.372 of 2014, titled as Vijay Kashyap versus Anil Kumar Mahant’. 3. Vide judgment of conviction dated 28.06.2024, and order of sentence dated 22.07.2024, 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 to pay a compensation of Rs.2,25,000/- to the complainant. 4. After dismissal of the appeal by the learned Appellate Court, the present Criminal Revision Petition has been preferred. 5. Now, the petitioner has moved application, bearing Cr.MP No.3276 of 2025, under Section 147 of Negotiable Instruments Act, for compounding of offence. 6. Statements of the petitioner, as well as, of the Advocate, appearing for respondent, have been recorded, in which, they have agreed that the dispute, with regard to 3  ( 2025:HHC:25779 Cheque No.309462, dated 18.01.2014 has been settled between the parties. 7. Today i.e. on 31.07.2025, Mr. Chandresh Pal, Advocate, appearing for respondent, under instructions, has stated, regarding the factum, as to why, respondent 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. 8. Learned counsel, appearing for the respondent has further deposed that the respondent has no objection, if the present revision 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 petitioner is acquitted from the offence, punishable under Section 138 of NI Act. 9. Today, petitioner is also present before this Court and has also stated in the aforesaid terms. 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 he may be acquitted 4  ( 2025:HHC:25779 from the offence, punishable under Section 138 of NI Act. He has further deposed that the entire cheque/compensation amount has been paid to the respondent and nothing is due against him. 10. In addition to this, the petitioner has also put forward the indigent circumstances, by stating that some relaxation may be given in the compounding fee. 11. Apart from this, the petitioner-accused has also given an undertaking that he will deposit the compounding fee, within a period of six weeks from today and in case, he fails to deposit the compounding fee, within the stipulated period, the revision 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 between the accused (petitioner) and the complainant- respondent, application, bearing Cr.MP No.3276 of 2025, is allowed and the petitioner is permitted to compound the offence. 5  ( 2025:HHC:25779 13. Consequently, the present petition is allowed and the judgment of conviction dated 28.06.2024 and order of sentence dated 22.07.2024, passed by the learned trial Court, in Complaint Registration No.372 of 2014, which has been affirmed by learned Appellate Court, in Criminal Appeal No.110 of 2024, vide judgment dated 03.12.2024, 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 15% 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, Staff Welfare Organization, Shimla, within a period of six weeks from today. 15. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within a period of six weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction dated 28.06.2024 and order of sentence dated 22.07.2024, passed by learned trial Court and in that eventuality, he shall 6  ( 2025:HHC:25779 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 July 31, 2025 (subhash)