( 2025:HHC:6133 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Revision No.191 of 2023 Date of Decision: 13.03.2025 Lok Raj …Petitioner Versus Kangra Cooperative Bank, Sainj, through its Manager …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Petitioner in person with Ms. Sheetal Vyas, Advocate. For the Respondent : Mr. K.B. Khajuria, Advocate. Virender Singh, Judge (Oral) Petitioner-Lok Raj has filed the present Criminal Revision Petition against the judgment dated 21.12.2022, passed by the learned Sessions Judge, Kullu, District Kullu, H.P., (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.49 of 2022, titled as ‘Lok Raj versus Kangra Central Co-operative Bank, Branch Sainj, through its Branch Manager’. 2. By way of judgment dated 21.12.2022, the learned First Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of 1 Whether reporters of Local Papers may be allowed to see the judgment? ( 2025:HHC:6133 ) sentence dated 05.08.2022, passed by the Court of learned Judicial Magistrate, First Class, Banjar, District Kullu, H.P. (hereinafter called as the ‘trial Court’), in Criminal Case No.29/19/2015, titled as ‘Kangra Central Co-operative Bank, Branch Sainj through its Branch Manager’. 3. Vide judgment of conviction and order of sentence dated 05.08.2022, 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 him to undergo simple imprisonment, for a period of two months and to pay a compensation of Rs.4,00,000/- to the complainant. 4. After dismissal of the appeal by the learned First Appellate Court, the present Criminal Revision Petition has been preferred. 5. Now, the petitioner has moved application, bearing Cr.MP No.787 of 2025, under Section 147 of NI Act, for compounding of offence. 6. Statements of the petitioner, as well as, of the Advocate, appearing for respondent-Bank, have been recorded, in which, they have deposed that the dispute, with ( 2025:HHC:6133 ) regard to Cheque No.780944, has been settled between the parties. 7. Today i.e. 13.03.2025, Mr. K.B. Khajuria, Advocate, appearing for the respondent-Bank, under instructions, has stated, regarding the factum, as to why, Bank has 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 First Appellate Court. He has also deposed that the matter has been settled with the petitioner. 8. According to the learned counsel, appearing for the respondent-Bank, he has no objection, if the present revision petition is allowed and the judgment of conviction and order of sentence 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 he has also stated in the aforesaid terms. He has deposed that he has deposited a sum of Rs.2,00,000 in learned the trial Court and a sum of Rs.2,00,000/- in the bank. He has also deposed that on the basis of the compromise, the present petition may be allowed by setting aside the judgment of ( 2025:HHC:6133 ) conviction and order of sentence, referred to above, and he may be acquitted from the offence, punishable under Section 138 of NI Act. 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 statement of the parties, as well as, considering the fact that the matter has been settled between the accused (petitioner) and the complainant, application, bearing Cr.MP No.787 of 2025, is allowed and the petitioner is permitted to compound the offence. 13. Consequently, the present petition is allowed and the judgment of conviction and order to sentence dated 05.08.2022, passed by the learned trial Court in Criminal Case ( 2025:HHC:6133 ) No.29/19/2015, which has been affirmed by learned First Appellate Court, in Criminal Appeal No.49 of 2022, vide judgment dated 21.12.2022, 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 5% of the cheque amount, as compounding fee, with the Member Secretary, H.P. State Legal Services Authority, 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 and order of sentence dated 05.08.2022, 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. 16. Pending miscellaneous applications, if any, shall also stand disposed of. (Virender Singh) Judge March 13, 2025 (subhash)