2025:HHC:14893 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No.196 of 2025 Decided on : 20.05.2025 Gita Ram …Petitioner Versus Himachal Pradesh Gramin Bank …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Rajat Awasthy, Advocate. For the respondent : Mr. K.B. Khajuria, Advocate. Virender Singh, Judge (oral) Petitioner-Gita Ram has filed the present Criminal Revision Petition against the judgment dated 02.08.2024, passed by the learned Additional Sessions Judge, Nalagarh, District Solan, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.32/2023, titled as ‘Gita Ram Vs. Himachal Pradesh Gramin Bank’. 2. By way of judgment dated 02.08.2024, 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:14893 the petitioner, against the judgment of conviction dated 27.05.2023 and order of sentence dated 29.05.2023, passed by the Court of learned Judicial Magistrate First Class, Court No.II, Nalagarh, District Solan, H.P. (hereinafter called as the ‘trial Court’), in Complaint No.8/2015, titled as ‘Himachal Pradesh Gramin Bank Vs. Gita Ram’. 3. Vide judgment of conviction dated 27.05.2023 and order of sentence dated 29.05.2023, 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 three months and to pay a compensation of Rs.3,20,000/- 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 CrMP No.1988 of 2024, under Section 147 of NI Act, for compounding of offence on the ground that the matter has been settled/compromised, between the 3 2025:HHC:14893 parties, vide No Objection Certificate dated 14.10.2024 and nothing is due against the petitioner. 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 regard to cheque No.035392, dated 07.11.2014, has been settled between the parties. 7. Today i.e. 20.05.2025, 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 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 4 2025:HHC:14893 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 also deposed that on the basis of the No Objection Certificate, issued by the respondent-Bank, 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 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 50% of the compounding fee with the H.P. State Legal Services Authority, Shimla and remaining 50% of the compounding fee with H.P. High Court Staff Welfare Organization, Shimla, within a period of eight 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 5 2025:HHC:14893 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 CrMP No.1988 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 dated 27.05.2023 and order of sentence dated 29.05.2023, passed by learned trial Court in Complaint No.8/2015, which has been affirmed by learned Appellate Court in Criminal Appeal No.32/2023, vide judgment dated 02.08.2024, 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 8% of the cheque amount, as compounding fee. 50% of the compounding fee be deposited with the H.P. State Legal Services Authority, Shimla and remaining 50% of the compounding fee be deposited with H.P. High Court 6 2025:HHC:14893 Staff Welfare Organization, Shimla, within a period of eight 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 eight weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction dated 27.05.2023 and order of sentence dated 29.05.2023, 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. 16. Pending miscellaneous applications, if any, shall also stand disposed of. ( Virender Singh ) Judge May 20, 2025 (Gaurav Thakur)