Extracted from the PDF above. The PDF is authoritative.
2025:HHC:24171 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. 27 of 2024 Decided on : 21
st July, 2025 Rajesh
…Petitioner Versus Kushal Singh
…Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Jagmohan Singh Chandel, Advocate. For the respondent: Mr. P.K. Verma, Advocate. Virender Singh, Judge (oral) Petitioner – Rajesh has filed the present revision petition against the judgment dated 30.12.2023, passed by the learned Additional Sessions Judge, Rohru, District Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.109R/10 of 2023, titled as Rajesh versus Kushal Singh.
2. By way of judgment dated 30.12.2023, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction, and
order of sentence dated 28.07.2023, passed by the Court of 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2025:HHC:24171 learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., (hereinafter referred to as the ‘trial Court’), in Case No.3423 of 2021/20, titled as Kushal Singh versus Rajesh.
3. Vide judgment of conviction, and order of sentence dated 28.07.2023, 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.1,65,000/ 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.3172 of 2025, for permitting the parties to compound the offence, on the ground that the matter has been settled between the parties.
3 2025:HHC:24171
6. Statements of the petitioner and learned counsel for the respondent, have been recorded, in which, they both have deposed that the dispute with regard to Cheque No.487378, dated 20.09.2019, 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, and order of sentence dated 28.07.2023.
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. He has also deposed that he has deposited a sum of Rs.50,000/and also a sum of Rs.65,500/, before the Registry of this Court and a sum of Rs.49,500/ before the learned trial Court.
4 2025:HHC:24171
10. The petitioneraccused 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 she may kindly be acquitted of the charge.
11.
Learned counsel for the respondent, has also made the similar statement and has deposed that respondent, has no objection, in case, the present petition is allowed and the petitioneraccused is acquitted by setting aside the judgment of conviction, and order of sentence dated 28.07.2023.
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 amount of compensation from the petitioner.
13. According to the learned counsel for the respondentcomplainant, the dispute with regard to Cheque No.487378 dated 20.09.2019, has been settled between the parties.
5 2025:HHC:24171
14. Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No.3172 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 28.07.2023, passed by learned trial Court in Case No.3423 of 2021/20, which has been affirmed by learned Appellate Court, in Criminal Appeal No.109R/10 of 2023, vide judgment dated 30.12.2023, 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 10% of the cheque amount, as compounding fee, within six 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.
6 2025:HHC:24171
17. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within four weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction, and order of sentence dated 28.07.2023, passed by learned trial Court and in that eventuality, she 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 accused before the learned trial Court, as well as, with the Registry, is ordered to be released in favour of complainant.
19. Pending miscellaneous applications, if any, shall also stand disposed of.
( Virender Singh ) July 21, 2025 (ps) Judge