Himachal Pradesh High Court
Date Of Decision: 01.09.2025 vs Tilak Raj Palta on 1 September, 2025
Author: Virender Singh
Bench: Virender Singh
1 ( 2025:HHC:29532 )
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr. Revision No.498 of 2025
Date of Decision: 01.09.2025
.
Alam Chand ...Petitioner
Versus
Tilak Raj Palta .....Respondent
Coram:
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the Petitioner
For the Respondent
r :
: to Petitioner in person with Mr.
Mohar Singh Advocate.
Respondent in person with Mr.
Sanjeev Singh, Advocate.
Virender Singh, Judge (Oral)
Petitioner-Alam Chand has filed the present Criminal
Revision Petition against the judgment dated 16.07.2024, passed
by the learned Additional Sessions Judge, Sundernagar, District
Mandi, H.P., (hereinafter referred to as the 'Appellate Court'), in
Criminal Appeal bearing Registration No.12 of 2022, titled as Alam
Chand versus Tilak Raj Palta'.
2. By way of judgment dated 16.07.2024, the learned
Appellate Court has dismissed the appeal, filed by the petitioner,
against the judgment of conviction dated 15.12.2021 and order of
sentence dated dated 16.12.2021 passed by the Court of learned
Additional Chief Judicial Magistrate, Court No.1, Sundernagar,
Whether reporters of Local Papers may be allowed to see the judgment?
2 ( 2025:HHC:29532 )
District Mandi, H.P., (hereinafter called as the 'trial Court'), in
Criminal Case No.289-I/2016, titled as Tilak Raj Palta versus Alam
Chand.
.
3. Vide judgment of conviction dated 15.12.2021 and
order of sentence dated 16.12.2021, the 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 one year and to pay a compensation of
Rs.4,40,000/- to the complainant.
4. After dismissal of the appeal by the learned Appellate
Court, the present Criminal Revision Petition has been preferred.
5. Now, the petitioner has moved application, bearing
Cr.MP No.3866 of 2025, under Section 147 of NI Act, for
compounding of offence, on the ground that the parties have
settled the matter.
6. Statements of the petitioner, as well as, respondent,
have been recorded, in which, they have deposed that the dispute,
with regard to Cheque No.456721, dated 04.03.2014, has been
settled between the parties.
7. Today i.e. 01.09.2025, respondent, has stated,
regarding the factum, as to why, he had filed the complaint against
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the accused (petitioner), in which, the judgment of conviction and
order of sentence have been passed by the learned trial Court,
which have unsuccessfully been assailed, before the learned
.
Appellate Court. He has also deposed that the matter has now
been settled with the petitioner.
8. According to the respondent, he has no objection, if
the present revision petition is allowed and the judgment of
conviction and order of sentence are ordered to be quashed and
set-aside and the petitioner-accused is acquitted from the offence,
punishable under Section 138 of NI Act.
9. Today, petitioner-accused is also present before this
Court and has also stated in the aforesaid terms. He has deposed
that he has paid the entire compensation amount and nothing is
due against him. He has also 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.
10. Apart from this, the petitioner-accused has also given
an undertaking that he will deposit the compounding fee within a
period of eight weeks from today and in case, he fails to deposit
the compounding fee, within the stipulated period, the revision
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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.
11. Considering the statement of the petitioner-accused
and the respondent, as well as, considering the fact that the
matter has been settled between the accused (petitioner) and
respondent, application, bearing Cr.MP No.3866 of 2025, is
allowed and the petitioner is permitted to compound the offence.
12. Consequently, the present petition is allowed and the
judgment of conviction dated 15.12.2021 and order to sentence
dated 16.12.2021 passed by the learned trial Court in Criminal
Case No.289-I/2016, which has been affirmed by learned
Appellate Court, in Criminal Appeal Registration No.12 of 2022,
vide judgment dated 16.07.2024, are set aside and the petitioner
is acquitted from the offence, punishable under Section 138 of the
NI Act and property of the petitioner is ordered to be released. His
personal and surety bonds are discharged.
13. However, this order shall be, subject to the deposit of
15% of the cheque amount, as compounding fee. 50% of the
compounding fee be deposited with the Member Secretary, H.P.
State Legal Services Authority, Shimla and 50% of the
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compounding fee be deposited with H.P. High Court Staff Welfare
Organization, Shimla, within a period of eight weeks, from today.
14. It is further clarified that if the petitioner fails to deposit
.
the compounding fee, as ordered by this Court, within a period of
eight weeks, then, the present petition shall be deemed to have
been dismissed, by reviving the judgment of conviction dated
15.12.2021 and order of sentence dated 16.12.2021, 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.
15. Pending miscellaneous applications, if any, shall also
stand disposed of.
(Virender Singh)
Judge
September 01, 2025
(subhash)
