Himachal Pradesh High Court
Decided On : 02.06.2025 vs Padam Sain & Another on 2 June, 2025
Author: Virender Singh
Bench: Virender Singh
2025:HHC:17174
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Revision No.652 of 2024
Decided on : 02.06.2025
Amar Nath ...Petitioner
Versus
Padam Sain & Another ...Respondents
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioner : Petitioner in person with Mr.
Amit Kumar Dhumal & Ms.
Parul Negi, Advocates.
For the respondent : Mr. Gurudev Negi, Advocate,
for respondent No.1.
Mr. Rohit Sharma, Deputy
Advocate General, for
respondent No.2.
Virender Singh, Judge (oral)
PetitionerAmar Nath has filed the present
revision petition against the judgment dated 20.07.2024,
passed by the learned Sessions Judge, Kinnaur at Rampur
Bushahr (Camp at Reckong Peo), H.P. (hereinafter referred
to as the 'Appellate Court'), in Criminal Appeal No.9 of
2024, titled as Amar Nath versus Padam Singh.
Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2025:HHC:17174
2. By way of judgment dated 20.07.2024, the
learned Appellate Court has dismissed the appeal filed by
the petitioner against the judgment of conviction, dated
22.08.2023 and order of sentence dated 29.12.2023,
passed by the Court of learned Chief Judicial Magistrate,
Kinnaur at Reckong Peo, H.P., (hereinafter referred to as
the 'trial Court'), in Comp. U/s 138 NIA No.111/2016,
titled as Padam Sain versus Amar Nath.
3. Vide judgment of conviction, dated 22.08.2023
and order of sentence dated 29.12.2023, 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 two months and to pay a fine/compensation of
Rs.1,20,000/ to the complainant. In default, he has been
ordered to further undergo simple imprisonment for one
month.
4. After dismissal of the appeal by the learned
Appellate Court, the present revision petition has been
preferred.
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5. During the pendency of the present petition, the
parties have settled the matter. Thereafter, the petitioner
has filed application bearing Cr.MP No.2252 of 2025, for
permitting the parties to compound the offence, on the
ground that the matter has been settled between the
parties.
6. Statement of both the parties have been
recorded, in which, they both have deposed that the
dispute with regard to Cheque No.720988, dated
15.05.2016, has been settled between the parties.
7. Today, the accused is present before this Court.
He has deposed that he has been convicted and sentenced
by the learned trial Court vide judgment of conviction,
dated 22.08.2023 and order of sentence dated 29.12.2023.
8. Against the said judgment of conviction and
order of sentence, he 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 has also
submitted that during the pendency of the revision
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petition, the matter has been compromised between him
and the complainant. He has also deposed that he has
deposited a sum of Rs.52,000/, before the learned trial
Court and paid the remaining amount to the complainant.
10. The petitioner 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. Learned counsel for respondent No.1, has also
made the similar statement and has deposed that
respondent No.1, has no objection, in case the present
petition is allowed and the accused is acquitted by setting
aside the judgment of conviction, dated 22.08.2023 and
order of sentence dated 29.12.2023.
12. On the basis of the statements, so made by the
parties, one thing is clear that the matter has been settled
between the parties and in pursuance of the said
settlement, complainant has received the remaining
amount of compensation from the petitioner.
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13. According to the respondentcomplainant, the
dispute with regard to Cheque No.720988 dated
15.05.2016, has been settled.
14. Since, the matter, with regard to cheque, in
question, has been settled between the parties, as such,
the application, bearing Cr.MP No.2252 of 2025, 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
22.08.2023 and order of sentence dated 29.12.2023,
passed by learned trial Court in Comp. U/s 138 NIA
No.111/2016, which has been affirmed by learned
Appellate Court, in Criminal Appeal No.9 of 2024, vide
judgment dated 20.07.2024, 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 shall be, subject to deposit
of 10% of the cheque amount, as compounding fee, within
four weeks from today. 50% of the compounding fee be
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deposited with the Member Secretary, H.P. State Legal
Services Authority, Shimla, and remaining 50% with the
H.P. High Court Staff Welfare Organization, Shimla.
17. It is further clarified that if the petitioner fails to
deposit the compounding fee, as ordered by this Court,
within four weeks, then, the present petition shall be
deemed to have been dismissed, by reviving the judgment
of conviction, dated 22.08.2023 and order of sentence
dated 29.12.2023, 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 accused before
the learned trial Court is ordered to be released in favour of
complainant.
19. Pending miscellaneous applications, if any,
shall also stand disposed of.
( Virender Singh )
June 02, 2025 (ps) Judge
