Himachal Pradesh High Court
Date Of Decision: 29.08.2025 vs Ajeet Singh on 29 August, 2025
Author: Virender Singh
Bench: Virender Singh
1 ( 2025:HHC:29480 )
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr. Revision No.51 of 2024
Date of Decision: 29.08.2025
.
M/s Brijeshwari Apple Agency & Anr. ...Petitioners
Versus
Ajeet Singh .....Respondent
Coram:
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the Petitioners : Petitioners in person with
Mr. Jagmohan Chandel,
r Advocate.
For the Respondent : Mr. K.B. Khajuria, Advocate.
Virender Singh, Judge (Oral)
Petitioner No.1-Rajesh Kumar has filed the present
Criminal Revision against the judgment dated 12.01.2024,
passed by the Court of learned Additional Sessions Judge,
Rohru, District Shimla, H.P., (hereinafter referred to as the
'Appellate Court'), in Criminal Appeal No.125-R/10 of 2023,
titled as 'M/s Brijeshwari Apple Agency and another versus
Ajeet Singh'.
2. By way of judgment dated 12.01.2024, the learned
Appellate Court has dismissed the appeal, filed by the
petitioners, against the judgment of conviction and order of
Whether reporters of Local Papers may be allowed to see the judgment?
2 ( 2025:HHC:29480 )
sentence dated 29.08.2023, passed by the Court of learned
Additional Chief Judicial Magistrate, Court No.1, Rohru, District
Shimla, H.P., (hereinafter called as the 'trial Court'), in Criminal
.
Case No.251-3 of 2021/20, titled as 'Ajeet Singh versus M/s
Brijeshwari Apple Agency & Another.'.
3. Vide judgment of conviction and order of sentence
dated 29.08.2023, the learned trial Court has convicted the
petitioners, 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 four months and to pay a compensation of
Rs.,97,000/- to the complainant.
4. After dismissal of the appeal by the learned
Appellate Court, the present Criminal Revision has been
preferred.
5. Now, the petitioners have moved Cr.MP No.3847 of
2025, under Section 147 of NI Act, for compounding of offence.
6. Statements of the petitioner, as well as, of the
authorized representative, appearing for respondent have been
recorded, in which, they have agreed that the dispute, with
regard to Cheque No.881012, dated 29.09.2019 has been
settled, between the parties.
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7. Today i.e. 29.08.2025, learned counsel, appearing
for respondent, under instructions, has stated, regarding the
factum, as to why, respondent had filed the complaint, against
.
the accused (petitioners), in which, the judgment of conviction
and order of sentence have been passed, which have
unsuccessfully been assailed, before the learned Appellate
Court. He has also deposed that the matter has been settled
with the petitioner.
8. The authorized representative, appearing for the
respondent, has further deposed that the respondent has no
objection, if the present revision petition is allowed and the
judgment of conviction and order of sentence passed by the
learned trial Court, are ordered to be quashed and set-aside
and the petitioner is acquitted from the offence, punishable
under Section 138 of NI Act.
9. Today, petitioner No.1 is also present before this
Court and has also stated in the aforesaid terms. He has
deposed that on the basis of the compromise, the present
petition may be allowed by setting aside the judgment of
conviction and order of sentence, referred to above, and he
may be acquitted from the offence, punishable under Section
138 of NI Act. In pursuance of the directions of this Court,
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dated 15.01.2025, he has further deposed that he has
deposited a sum of Rs.29,100/- and also deposited a sum of
Rs.67,900/- before this Registry, and he has no objection, in
.
case the aforesaid amount, is released in favour of the
respondent-complainant.
10. In addition to this, the petitioners have also put
forward the indigent circumstances, by stating that some
relaxation may be given in the compounding fee.
11. Apart from this, the petitioner-accused has also
given an undertaking that he will deposit the compounding fee,
within a period of six weeks from today and in case, he fails to
deposit the compounding fee, within the stipulated period, the
revision petition may be treated as dismissed and in that
eventuality, he will surrender before the learned trial Court to
undergo the substantive sentence, imposed upon him, by the
learned trial Court.
12. Considering the statements of the parties, as well
as, considering the fact that the matter has been settled
between the accused (petitioner) and the complainant, Cr.MP
No.3847 of 2025, is allowed and the parties to the lis are
permitted to compound the offence.
5 ( 2025:HHC:29480 )
13. Consequently, the present petition is allowed and
the judgment of conviction and order of sentence dated
29.08.2023, passed by the learned trial Court, in Criminal Case
.
No.251-3 of 2021/20, which has been affirmed by learned
Appellate Court, in Criminal Appeal No.125-R/10 of 2023, vide
judgment dated 12.01.2024, are set aside and the petitioner is
acquitted from the offence, punishable under Section 138 of the
NI Act. His personal and surety bonds are discharged.
14. However, this order shall be, subject to the deposit
of 15% of the cheque amount, as compounding fee. 50% of
the amount of compounding fee shall be deposited by the
accused with the Member Secretary, H.P. State Legal Services
Authority, Shimla, and remaining 50% of the aforesaid amount
shall be deposited with the H.P. High Court, Staff Welfare
Organization, Shimla, within a period of six weeks from today.
15. It is further clarified that if the petitioner fails to
deposit the compounding fee, as ordered by this Court, within a
period of six weeks, then, the present petition shall be deemed
to have been dismissed, by reviving the judgment of conviction
and order of sentence dated 29.08.2023, passed by learned
trial Court and in that eventuality, he shall surrender before the
6 ( 2025:HHC:29480 )
learned trial Court to undergo the substantive sentence,
imposed upon him, by the learned trial Court.
16. Pending miscellaneous applications, if any, shall
.
also stand disposed of.
(Virender Singh)
Judge
August 29, 2025
(subhash)
r to
