2026:HHC:71 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 585 of 2025 Reserved on: 15.12.2025 Date of Decision:01.01.2026 Yashpal Singh ...Petitioner Versus State of H.P. and another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : Ms Sangeeta Vasudeva, Advocate. For Respondents : Mr Prashant Sen, Deputy Advocate General. Rakesh Kainthla, Judge The present petition has been filed for quashing of non-bailable warrants issued against the accused/petitioner pursuant to his conviction in Criminal Case No.102/3 of 2019 under Section 138 of the Negotiable Instruments Act (NI Act). It has been asserted that the petitioner was convicted by learned Chief Judicial Magistrate, Sirmaur at Nahan and was sentenced to undergo simple imprisonment for six months, and pay a fine 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2026:HHC:71 of ₹1,00,000/-. The accused preferred an appeal, which was dismissed by the learned Sessions Judge, Sirmour at Nahan, H.P., on 16.05.2023. The accused filed a revision before this Court, which was registered as Criminal Revision No. 309 of 2023 and dismissed on 04.10.2024. The parties compromised the matter on 05.03.2025. The petitioner has also filed a Cr.MP No. 866 of 2025 for compounding the offence. The petitioner moved an application for cancellation of NBW before the learned Trial Court, but the learned Trial Court refused to cancel the NBW issued by it. Hence, the present petition. 2. Heard. 3. It is undisputed that the petitioner has filed a petition titled Yash Pal vs. Guman Singh bearing Cr.MP No. 886 of 2025 for compounding the offence, which is pending before this Court. The petitioner can obtain relief of cancellation of the NBWs in the criminal petition filed by him, and was not required to file a separate petition. Further, the Court had referred the question whether the matter can be compounded when no case is pending before any Court to the Hon’ble larger bench. Hon’ble Division bench has answered the reference in Chune 3 2026:HHC:71 Ram vs. Brikam Chand 2025:HHC38122. Therefore, there is no impediment in compounding the offence in the criminal petition filed by the present petitioner, which will automatically result in the cancellation of the NBWs. 4. The present petition has been filed under Section 528 of the BNSS, which is an extraordinary remedy and is to be resorted to sparingly. This jurisdiction cannot be invoked when the petitioner has an alternative and efficacious remedy available to him. Since the petitioner can always seek the relief in the Cr.MP No. 866 of 2025 filed by him, the present petition is not maintainable. 5. In view of the above, the present petition fails and it is dismissed, and so are the pending miscellaneous applications, if any. 6. The observations made hereinabove are regarding the disposal of the petition and will have no bearing, whatsoever, on the case's merits. (Rakesh Kainthla) Judge 01st January, 2026. (ravinder)