1 ( 2025:HHC:21078 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Revision No.81 of 2023 Date of Decision: 01.07.2025 Shakuntla Thakur …Petitioner Versus M/s Golf Link Finance and Resorts Private Limited …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Petitioner in person with Mr. Hamender Singh Chandel, Advocate. For the Respondent : Ms. Seema K. Guleria, Advocate. Virender Singh, Judge (Oral) Petitioner-Shakuntla Thakur has filed the present Criminal Revision Petition against the judgment dated 25.11.2022, passed by the learned Additional Sessions Judge, (CBI Court), Shimla, District Shimla, H.P., (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.07-S/10 of 2022, titled as ‘Shakuntla Thakur versus M/s Golf Link Finance and Resorts Private Limited’. 2. By way of judgment dated 25.11.2022, the learned Appellate Court has dismissed the appeal, filed by the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:21078 ) petitioner, against the judgment of conviction and order of sentence dated 12.04.2022, passed by the Court of learned Judicial Magistrate First Class, Court No.3, Shimla, District Shimla, H.P., (hereinafter called as the ‘trial Court’), in Computer Regd. No.832 of 2019, titled as M/s Golf Link Finance and Resorts Private Limited versus Shakuntla Thakur’. 3. Vide judgment of conviction and order of sentence dated 12.04.2022, 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 her to undergo simple imprisonment, for a period of one year and six months and to pay a compensation of Rs.5,97,856/- 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.MPST No.5870 of 2025, under Section 147 of NI Act, read with Section 528 of BNSS, for compounding of offence. 6. Statements of the petitioner, as well as, of the Advocate, appearing for respondent-company, have been recorded, in which, they have agreed that the dispute, with 3 ( 2025:HHC:21078 ) regard to Cheque No.732382, dated 02.05.2019 has been settled between the parties. 7. Today i.e. 01.07.2025, Ms. Seema K. Guleria, Advocate, appearing for respondent-Company, under instructions, has stated, regarding the factum, as to why, respondent-Company 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. She has also deposed that the matter has been settled with the petitioner. 8. Learned counsel, appearing for the respondent- Company has further deposed that the respondent-Company 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. She has deposed that on the basis of the compromise, the present petition may be allowed by setting aside the judgment of conviction and 4 ( 2025:HHC:21078 ) order of sentence, referred to above, and she may be acquitted from the offence, punishable under Section 138 of NI Act. She has further deposed that she has deposited a sum of Rs.2,00,000/- before the learned trial Court and she has no objection, in case a sum of Rs.2,00,000/- is released in favour of the respondent-Company. 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 she will deposit the compounding fee, within a period of ten weeks from today and in case, she fails to deposit the compounding fee, within the stipulated period, the revision petition may be treated as dismissed and in that eventuality, she will surrender before the learned trial Court to undergo the substantive sentence, imposed upon her, 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- Company, application, bearing Cr.MPST No.5870 of 2025, is 5 ( 2025:HHC:21078 ) allowed and the petitioner is permitted to compound the offence. 13. Consequently, the present petition is allowed and the judgment of conviction and order of sentence dated 12.04.2022, passed by the learned trial Court in Computer Regd. No.832 of 2019, which has been affirmed by learned Appellate Court, in Criminal Appeal No.07-S/10 of 2022, vide judgment dated 25.11.2022, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 of the NI Act. Her personal and surety bonds are discharged. 14. However, this order shall be, subject to the deposit of 5% 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 ten 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 ten weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction and order of sentence dated 12.04.2022, passed by learned 6 ( 2025:HHC:21078 ) trial Court and in that eventuality, she shall surrender before the learned trial Court to undergo the substantive sentence, imposed upon her, by the learned trial Court. 16. Pending miscellaneous applications, if any, shall also stand disposed of. (Virender Singh) Judge July 01, 2025 (subhash)