Himachal Pradesh High Court
Beer Singh vs Guman Singh on 16 May, 2025
Author: Virender Singh
Bench: Virender Singh
( 2025:HHC:14533 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.Revision No.827 of 2024
Decided on : 16.05.2025
Beer Singh ...Petitioner
Versus
Guman Singh ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioner : Petitioner in person with Ms.
Madhurika Sekhon Verma,
Advocate.
For the respondent : Respondent in person with Ms.
Deepmala Sharma, Advocate.
Virender Singh, Judge (oral)
PetitionerBeer Singh has filed the present
revision petition against the judgment dated 13.11.2024,
passed by learned Sessions Judge, Sirmaur at Nahan, H.P.
(hereinafter referred to as the 'Appellate Court'), in
Criminal Appeal No.70Cr.A./10 of 2024, titled as Beer
Singh versus Guman Singh.
2. By way of judgment dated 13.11.2024, the
learned Appellate Court has dismissed the appeal filed by
the petitioner against the judgment of conviction and order
Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 ( 2025:HHC:14533 )
of sentence dated 19.06.2024, passed by the Court of
learned Chief Judicial Magistrate, Nahan, District Sirmaur,
H.P., (hereinafter referred to as the 'trial Court'), in
Complaint No.394/3 of 2021, titled as Guman Singh
versus Beer Singh.
3. Vide judgment of conviction and order of
sentence dated 19.06.2024, 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 six months and to pay
a compensation of Rs.7,00,000/ 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
parties have settled the matter. Thereafter, the petitioner
has filed application bearing Cr.MP No.1745 of 2025, for
permitting the parties to compound the offence, on the
ground that the matter has been settled between the
parties.
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6. Statement of both the parties have been
recorded, in which, they both have deposed that the
dispute with regard to Cheque No.204946, dated
15.11.2020, 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 and
order of sentence dated 19.06.2024.
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
petition, the matter has been compromised between him
and the complainant and he has also paid the settled
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
4 ( 2025:HHC:14533 )
conviction and order of sentence, referred to above, and he
may kindly be acquitted of the charge. He has also
deposed that he has deposited a sum of Rs.3,50,000/,
before the learned trial Court.
11. In addition to this, the petitioner has also put
forward the indigent circumstances, by stating that a
lenient view may kindly be taken in the matter of
compounding fee.
12. Respondent has also made the similar
statement and has prayed that the amount deposited by
the petitioner before the learned trial Court, may kindly be
released, in favour of the respondent. He has also 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 and order of sentence dated
19.06.2024.
13. 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.
5 ( 2025:HHC:14533 )
14. According to the respondentcomplainant, the
dispute with regard to Cheque No.204946 dated
15.11.2020, has been settled.
15. Since, the matter, with regard to cheque, in
question, has been settled between the parties, as such,
the application, bearing Cr.MP No.1745 of 2025, is allowed
and the parties are permitted to compound the offence.
16. Considering the fact that the application for
compounding of the offence has been allowed, the present
petition is allowed and the judgment of conviction and
order of sentence dated 19.06.2024, passed by learned trial
Court in Complaint No.394/3 of 2021, which has been
affirmed by learned Appellate Court, in Criminal Appeal
No.70Cr.A./10 of 2024, vide judgment dated 13.11.2024,
are set aside and the petitioner is acquitted from the
offence, punishable under Section 138 NI Act. His personal
and surety bonds are discharged.
17. However, this order shall be, subject to deposit
of 6% of the cheque amount, as compounding fee, within
eight weeks from today. 50% of the compounding fee be
deposited with the Member Secretary, H.P. State Legal
6 ( 2025:HHC:14533 )
Services Authority, Shimla, and remaining 50% with the
H.P. High Court Staff Welfare Organization, Shimla.
18. It is further clarified that if the petitioner fails to
deposit the compounding fee, as ordered by this Court,
within two months, then, the present petition shall be
deemed to have been dismissed, by reviving the judgment
of conviction and order of sentence dated 19.06.2024,
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.
19. The amount deposited by the accused before
the learned trial Court is ordered to be released in favour of
complainant.
20. Pending miscellaneous applications, if any,
shall also stand disposed of.
( Virender Singh )
May 16, 2025 (ps) Judge
