IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No.250 of 2026 Date of Decision: 17.08.2026 __________________________________________________________________________ Narinder Singh ……...Petitioner Versus Kawal Singh …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ashok Kumar Verma, Advocate. For the Respondent: Mr. Harish Kumar, Advocate. __________________________________________________________________________ Sandeep Sharma, J. (Oral) Instant criminal revision petition filed under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, lays challenge to judgment dated 27.09.2025, passed by the learned Additional Sessions Judge-II, Una, District Una, Himachal Pradesh, in Criminal Appeal No.39/2025, titled Narinder Singh Vs. Kawal Singh, affirming judgment of conviction and order of sentence dated 18.03.2025/19.03.2025, passed by the learned Additional Chief Judicial Magistrate, Court No.1, Una, District Una, Himachal Pradesh, whereby the learned trial Court while holding the petitioner-accused (hereinafter, ‘accused’) guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of ₹4,00,000/- to the complainant. -2- 2. Precisely, the facts of the case, as emerge from the record are that respondent-complainant (hereinafter, ‘complainant’) instituted a complaint under Section 138 of the Act, in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Una, District Una, Himachal Pradesh, alleging therein that accused with a view to discharge his liability issued Cheque for a sum of ₹3,17,380/-, but fact remains that aforesaid Cheque on its presentation, was dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act. 3. Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 18.03.2025/19.03.2025, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and accordingly, convicted and sentenced him, as per the description given hereinabove. 4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the Court below, accused preferred an appeal in the Court of learned Additional Sessions Judge-II, Una, District Una, Himachal Pradesh, which also came to be dismissed vide judgment dated 27.09.2025, as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, petitioner- -3- accused has approached this Court by way of instant proceedings, seeking therein his acquittal after setting aside the judgments of conviction recorded by the Courts below. 5. Before case at hand could be heard and decided on its own merits, parties have entered into compromise, whereby respondent/complainant has agreed to settle the dispute with the petitioner/accused. Counsel representing the petitioner states that since entire amount of compensation has been already paid by the petitioner- accused, as per compromise, detailed hereinabove, this Court, while exercising power under Section 147 of the Act may proceed to compound the offence. 6. Complainant has come present in Court and is being represented by Mr. Harish Kumar, Advocate. He states on oath that he, of his own volition and without there being any external pressure, has entered into compromise with the petitioner-accused, whereby they have resolved to settle the dispute amicably. He states that since he has already received entire compensation amount from the petitioner-accused, he shall have no objection in case the judgments of conviction and order of sentence passed by the learned Courts below are quashed and set aside and the petitioner is acquitted of the charges framed against him. However, he states that some amount on account of litigation charges may be awarded in his favour, -4- because he was unnecessarily dragged into litigation for realization of his own money. His statement made on oath is taken on record. 7. Since parties have resolved to settle their dispute amicably inter se them, as has been taken note hereinabove, coupled with the fact that respondent/complainant has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence, while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon’ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, wherein it has been categorically held that Court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the Courts below. 8. Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 27.09.2025 and 18.03.2025/19.03.2025, passed by the Courts below are quashed and set aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Interim order, if any, is vacated. Bail bonds, if any, are discharged. 9. Since respondent/complainant was compelled to engage in unwarranted litigation with the petitioner/accused for realization of his own money, petitioner-accused is directed to pay a sum of ₹10,000/- as litigation -5- charges in favour of respondent/complainant and further to deposit sum of ₹5,000/- with the H.P. State Legal Service Authority as compounding fee, within a period of six weeks, failing which petitioner/accused shall render himself for penal consequences as well as Contempt of Court. The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. (Sandeep Sharma), August 17, 2026 Judge (Rajeev Raturi)