IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. 137 of 2026 Date of Decision: 16.03.2026 _______________________________________________________ Nirmla Rana …….Petitioner Versus State of Himachal Pradesh & another … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Pooja Thakur, Advocate. For the Respondent: Mr. Rajan Kahol, Additional Advocate General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for respondent No.1/State. Mr. Shubham Sharma, Advocate, for respondent No.2. _______________________________________________________ Sandeep Sharma, Judge(oral): Instant Criminal Revision Petition filed under Section 438 read with Section 442 of the Code of Criminal Procedure, lays challenge to judgment dated 01.08.2024 passed by learned Additional Sessions Judge, Dehra, District Kangra, Himachal Pradesh in Cr. Appeal No. 13-G/X/2023, affirming the judgment of conviction dated 29.03.2023 and order of sentence dated 05.04.2023 passed by Judicial Magistrate, First Class, Court No.2, Dehra, District Kangra, Himachal Pradesh in case (RBT) No.119-I/II/2009, whereby learned 1Whether the reporters of the local papers may be allowed to see the judgment? 2 trial Court, while holding the petitioner-accused (hereinafter, ‘accused’) guilty of having committed offence punishable under S. 138 of the Negotiable Instruments Act, (for short ‘Act’) convicted and sentenced her to undergo simple imprisonment for a period of six months and pay fine amount of Rs.3,76,050/- to respondent No.2- complainant as compensation (hereinafter, ‘complainant’). 2. Precisely, the facts of the case, as emerge from the record are that the respondent No.2-complainant instituted a complaint under Section 138 of the Act in the competent Court of law, alleging therein that cheque bearing No.014032, dated 25.09.2009, amounting to Rs. 2, 50,700/-, having been issued by the petitioner - accused towards discharge of her lawful liability was returned back by the bank concerned with the remarks “payment stopped” by the drawer. Since, despite having received legal notice, accused failed to make the payment good well within stipulated time, complainant was compelled to initiate proceedings under Section 138 of the Act in the competent Court of law, which subsequently, on the basis of evidence adduced on record by the respective parties, held the accused guilty of having committed offence punishable under S. 138 of Act and accordingly convicted and sentenced her as per description given herein above. 3 3. Though, being aggrieved and dissatisfied with aforesaid judgment of conviction and order of sentence passed by learned trial Court, accused preferred an appeal in the Court of learned Additional Sessions Judge, Dehra, District Kangra, H.P, but same was dismissed vide judgment dated 01.08.2024. In the aforesaid background, petitioner-accused has approached this court in the instant proceedings, praying therein for her acquittal after setting aside judgments of conviction and order of sentence passed by both the learned Courts below. 4. Before the case at hand could be heard and decided on its own merit, petitioner has entered into the compromise with the respondent/Complainant, whereby they have resolved to settle their dispute amicably interse them. 5. Today, during the proceedings of the case, learned counsel representing the petitioner states that the petitioner has entered into the compromise with the respondent-complainant, whereby they have resolved to settle their dispute amicably. He states that since entire amount of the compensation has been paid to the respondent-complainant, this Court, while exercising power under Section 147 of the Act, may proceed to compound the offence. 6. Mr. Shubham Sharma, learned counsel representing respondent-complainant, while fairly acknowledging factum with 4 regard to compromise arrived interse parties, states that since entire compensation amount has been received by the respondent- complainant, this Court may allow the prayer made on behalf of the petitioner-accused for compounding of the offence. 7. Though, no application under Section 147 of the Act has been filed by the petitioner for compounding the offence, however, this Court has sufficient power to compound the offence under Section 147 of the Act, especially when the complainant is ready and willing for the same, as has been fairly stated by the learned counsel for respondent- complainant. 8. Having taken note of the fact that entire amount of compensation has been paid to the respondent-complainant and 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. 5 9. 5 9. Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and order of sentence passed by the courts below are set-aside and the petitioner-accused is acquitted of the charge framed against her under Section 138 of the Act. Bail bonds, if any, are discharged. Pending applications, if any, also stand disposed of. 10. Registry is directed to prepare the release warrants and transmit the same forthwith to the Superintendent, District Jail, Kangra at Dharamshala, Himachal Pradesh, enabling the aforesaid authority to release the petitioner immediately, subject to verification that she is not required in any other case. (Sandeep Sharma), Judge March 16, 2026 (shankar) Digitally signed by SHANKAR LAL DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= 1933533e07baa798c8e03981ed5249aaa b30041fdc541b629a39e524cb9d2962, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER= f0acdee2938bf725fb8b3ec1e185003804 962ff708a378635c113ca06384c947, CN=SHANKAR LAL Reason: I am the author of this document Location: Date: 2026.03.16 16:00:16+05'30' Foxit PDF Reader Version: 2025.2.0 SHANK AR LAL