2026:HHC:3051 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. : 83 of 2025 Decided on : 09 th January , 2025 Vinay Chauhan …Petitioner Versus Ankush Thakur …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. D.N. Sharma and Mr. Rohit Chauhan, Advocates. For the respondent: Respondent in person with Mr. Jagat Singh Shyam, Advocate. Virender Singh, Judge (oral) Petitioner, has filed the present revision petition against the judgment dated 17.01.2025, passed by the Court of learned Additional Sessions Judge-I, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.375 of 2024, titled as Vinay Chauhan versus Ankush Thakur. 2. By way of judgment dated 17.01.2025, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction, dated 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:3051 20.05.2024 and order of sentence dated 27.05.2024, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Shimla, H.P., (hereinafter referred to as the ‘trial Court’), in Compt. Reg. No.1188/2018, titled as Ankush Thakur versus Vinay Chauhan. 3. Vide judgment of conviction, dated 20.05.2024 and order of sentence dated 27.05.2024, 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 one year and to pay a compensation of Rs.9,50,000/- to the complainant. 4. After dismissal of the appeal by the learned Appellate Court, the present revision petition has been preferred. 5. During the pendency of the present petition, the matter was referred to mediation, where, the parties have settled all the inter se disputes. Thereafter, the petitioner has filed application bearing Cr.MP No.298 of 2026, for 3 2026:HHC:3051 permitting the parties to compound the offence, on the ground that the matter has been settled between them. 6. Statements of the petitioner, as well as, the the respondent, have been recorded, in which, they both have deposed that the dispute with regard to Cheque No.173088, dated 10.10.2018, has been settled between the parties. 7. Today, the accused (petitioner) is present before this Court. He has deposed that he has been convicted and sentenced by the learned trial Court, judgment of conviction dated 20.05.2024, and order of sentence dated 27.05.2024. 8. Against the said judgment of conviction and order of sentence, the petitioner had filed the appeal before the learned Appellate Court and the learned Appellate Court has also dismissed his appeal. Now, he is before this Court, in the present revision petition. 9. In addition to this, the accused (petitioner) has also submitted that during the pendency of the revision petition, the matter has been referred to the mediation, where, they have settled all the inter se dispute. He has 4 2026:HHC:3051 also deposed that he has deposited a sum of Rs.2,85,000/-, before the learned trial Court and he has no objection, in case, the said amount is released in favour of the complainant. He has also deposed that he has paid the remaining settled amount to the complainant. 10. The petitioner-accused has also deposed that on the basis of the said compromise, the present petition may kindly be allowed, by setting aside the judgment of conviction and order of sentence, referred to above, and he may kindly be acquitted of the charge. 11. Respondent is also present, in the Court, and he has made the similar statement. He has deposed that he has no objection, in case, the present petition is allowed and the accused is acquitted by setting aside the judgment of conviction, dated 20.05.2024 and order of sentence dated 27.05.2024. 12. On the basis of the above statements, one thing is clear that the matter has been settled between the parties and in pursuance of the said settlement, complainant has received the settled amount from the petitioner-accused. 5 2026:HHC:3051 13. According to the respondent-complainant, the dispute with regard to Cheque No.173088 dated 10.10.2018, has been settled between the parties. 14. Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No.298 of 2026, is allowed and the parties are permitted to compound the offence. 15. Considering the fact that the application for compounding of the offence has been allowed, the present petition is allowed and the judgment of conviction, dated 20.05.2024 and order of sentence dated 27.05.2024, passed by learned trial Court in Compt. Reg. No.1188/2018, which has been affirmed by learned Appellate Court, in Criminal Appeal No.375/2024, vide judgment dated 17.01.2025, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 NI Act. His personal and surety bonds are discharged. 16. However, this order is subject to deposit 7.5% of the cheque amount, as compounding fee, within eight weeks from today. 50% of the compounding fee be 6 2026:HHC:3051 deposited with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% with the ‘H.P. High Court Staff Welfare Organization’. 17. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within sixteen weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction, dated 20.05.2024 and order of sentence dated 27.05.2024, 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. 18. The amount deposited by the petitioner- accused, before the learned trial Court, is ordered to be released in favour of the complainant. 19. Pending miscellaneous applications, if any, shall also stand disposed of. ( Virender Singh ) January 09, 2026 (ps) Judge