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2026 DAILYLAW 349 (HP)

BHAG CHAND v. GULAB SINGH

CR.R/81/2026 · 2026-02-03

Jiya Lal Bhardwaj

body2026

Judgment text

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( 2026:HHC:3438 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Revision No.81 of 2026 Decided on: 3rd February, 2026 Bhag Chand .......Petitioner versus Gulab Singh ...Respondent Coram The Hon’ble Mr.Justice Jiya Lal Bhardwaj, Vacation Judge. Whether approved for reporting?1 For the petitioner: Ms. Kiran Dhiman, Advocate. For the respondent: Ms.Shashi Kiran, Advocate. Jiya Lal Bhardwaj, Vacation Judge (Oral) Notice. Ms. Shashi Kiran, Advocate appears and waives service of notice on behalf of the respondent. She undertakes to file power of attorney on his behalf during the course of the day. 2. With the consent of learned counsel for the parties, the revision petition is taken up for final disposal. 3. By way of present petition, the petitioner has laid challenge to the judgment of conviction and order of sentence passed by the learned Judicial Magistrate First Class, Karsog District Mandi, H.P. in case No.80/2020, titled, Gulab Singh vs. Bhag Chand. 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. ( 2026:HHC:3438 ) 2 4. The learned trial Court had convicted the petitioner for the commission of offence punishable under Section 138 of the Negotiable Instruments Act vide judgment dated 25.03.2025 and thereafter vide order dated 07.04.2025, sentenced him to undergo simple imprisonment for a period one month and further imposed compensation of Rs.2,50,000/- for the loss and injury suffered by the respondent/complainant. 5. The petitioner feeling aggrieved by the judgment of conviction and order of sentence had filed the appeal before the learned Additional Sessions Judge-I, Mandi, H.P., who vide judgment dated 25.11.2025 has dismissed the same. 6. After dismissal of the appeal, the matter between the petitioner and the respondent has been compromised. The petitioner has also placed on record Annexure P-3, which is affidavit dated 12.01.2026 executed by the respondent. 7. The respondent is present in person and has been identified by Ms.Shashi Kiran, Advocate. Statement of respondent has been recorded separately. He has no objection in case judgment of conviction and order of sentence passed by the learned trial Court are quashed and set aside. ( 2026:HHC:3438 ) 3 8. Since the matter between the petitioner and the respondent has been amicably settled, no fruitful purpose is going to be served to keep the matter pending before this Court. 9. In view of the statement of the respondent as well as the factum that the matter between the parties has been settled, the judgment of conviction dated 25.03.2025 passed by the learned Judicial Magistrate First Class, Karsog, District Mandi, H.P. in case No.80/2020, titled, Gulab Singh vs. Bhag Chand and order of sentence dated 07.04.2025 are quashed and set aside. However, the petitioner is directed to deposit 10% of the cheque amount i.e. Rs.20,000/- with the H.P. State Legal Services Authority, Shimla, H.P. within a period four weeks from today. In case the amount is not deposited by the petitioner within the stipulated period, the judgment of conviction and order of sentence passed by the learned trial Court shall be revived. 10. The petition is disposed of in the aforesaid terms, so also the pending applications, if any. ( Jiya Lal Bhardwaj ) February 03, 2026 Vacation Judge (naveen)