Citation : 2026 Latest Caselaw 814 HP
Judgement Date : 12 February, 2026
( 2026:HHC:3483 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Revision No. 97 of 2026
Date of Decision: 12.02.2026
Sansaro Devi ...Petitioner.
Versus
Vikram Singh ..Respondent.
Coram
Hon'ble Mr. Justice Romesh Verma, Vacation Judge.
1
Whether approved for reporting?
For the petitioner: Mr. Sanjeev Kumar Suri, Advocate.
For the respondent: Ms. Kalaunta, Devi, Advocate.
Romesh Verma, Judge (Oral)
The present petition has been filed by the petitioner
against the judgment of conviction and order of sentence dated
04.07.2025, passed by learned Additional Chief Judicial
Magistrate, Dehra, District Kangra, H.P. in case No. 93-III/2022,
titled Vikram Singh vs. Sansaro Devi, as affirmed by learned
Additional Sessions Judge, Dehra, District Kangra, H.P., in Cr.
Appeal No. 16-G/IX/2025, titled Sansaro Devi vs. Vikram Singh,
decided on 29.11.2025, whereby present petitioner has been
sentenced to undergo simple imprisonment of two years for
commission of offence punishable under Section 138 of N.I.Act
and compensation of Rs. 2,00,000/- was awarded against her.
Whether reporters of Local Papers may be allowed to see the judgment?
2 ( 2026:HHC:3483 )
2. The petitioner alongwith present revision petition filed
an application under Section 147 of the N.I.Act on the basis of the
compromise arrived between the parties. The compromise deed
dated 04.02.2026 is signed by son of the present petitioner,
namely, Mr. Rajinder Kumar and respondent. The same has been
placed on record as Annexure A-1. As per the terms of
compromise deed, entire cheque and compensation amount
stands paid to the respondent by the son of the petitioner.
3. It has further been averred that present respondent
has no objection, if the present petition is allowed and the
judgment of conviction and order of sentence dated 04.07.2025,
passed by learned Additional Chief Judicial Magistrate, Dehra,
District Kangra, H.P. in Case No. 93-III/2022, titled Vikram Singh
vs. Sansaro Devi, as affirmed by learned Additional Sessions
Judge, Dehra, District Kangra, H.P., in Cr. Appeal No. 16-
G/IX/2025, titled Sansaro Devi vs. Vikram Singh, decided on
29.11.2025, are quashed and set-aside and have further no
objection, if the present petitioner, who is presently undergoing
sentence at Lala Lajpat Rai, District & Open Air Correctional
Home, Dharamshala, District Kangra, H.P. is released.
4. Vide separate statements of the parties, it has been
agreed by both the parties that in order to maintain harmony they
have compromised the matter and the present petitioner through 3 ( 2026:HHC:3483 )
her son has paid the entire amount of cheque /compensation
amount to the respondent-complainant, which has been
acknowledged by the complainant in the compromise deed.
5. The compromise deed has been duly signed by the
complainant and by son of the present petitioner and one of the
witness namely, Sh. Raman Kumar, Advocate, Dehra, District
Kangra, H.P. submits that both the parties have prayed to settle
the matter amongst them.
6. Keeping in view the facts and circumstances of the
present case, and particularly in view of the compromise effected
between the parties, which is evident from the record, supported
by the statements made by the parties, this Court deems it fit that
the judgment of conviction and order of sentence passed by
learned Additional Chief Judicial Magistrate, Dehra, District
Kangra, H.P. in case No. 93-III/2022, titled Vikram Singh vs.
Sansaro Devi, as affirmed by learned Additional Sessions Judge,
Dehra, District Kangra, H.P., in Cr. Appeal No. 16-G/IX/2025, titled
Sansaro Devi vs. Vikram Singh, decided on 29.11.2025 are
quashed and set aside, and the petitioner is acquitted of the
offence under challenge. It is made clear that the parties shall
remain bound by the terms and conditions of the compromise, and
any violation thereof shall be viewed seriously in accordance with
law.
4 ( 2026:HHC:3483 )
7. The Hon'ble Apex Court in Cr. Appeal No. 1755 of
2010, titled Sanjabij Tari Vs. Kishore S. Bor Car and another, in
para No. 38 held as under:
"38. Since a very large number of cheque bouncing cases
are still pending and interest rates have fallen in the last few
years, this Court is of the view that it is time to 'revisit and
tweak the guidelines'. Accordingly, the aforesaid guidelines
of compounding are modified as under:-
(a) If the accused pays the cheque amount
before recording of his evidence (namely
defence evidence), then the Trial Court may
allow compounding of the offence without
imposing any cost or penalty on the accused.
(b) If the accused makes the payment of the
cheque amount post the recording of his
evidence but prior to the pronouncement of
judgment by the Trial Court, the Magistrate
may allow compounding of the offence on
payment of additional 5% of the cheque
amount with the Legal Services Authority or
such other Authority as the Court deems fit.
(c) Similarly, if the payment of cheque
amount is made before the Sessions Court or
a High Court in Revision or Appeal, such
Court may compound the offence on the
condition that the accused pays 7.5% of the
cheque amount by way of costs.
5 ( 2026:HHC:3483 )
(d) Finally, if the cheque amount is tendered
before this Court, the figure would increase to
10% of the cheque amount."
8. Therefore, in view of the exposition of law as settled
by the Hon'ble Apex court, the present petition is disposed of as
having been compromised between the parties and the judgment
of conviction and order of sentence as passed by learned
Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P.
on 04.07.2025, in case No. 93-III/2022, titled Vikram Singh vs.
Sansaro Devi, as affirmed by learned Additional Sessions Judge,
Dehra, District Kangra, H.P., in Cr. Appeal No. 16-G/IX/2025,
titled Sansaro Devi vs. Vikram Singh, decided on 29.11.2025 are
quashed and set-aside and present petitioner is acquitted of the
offences under challenge.
9. However, this order shall be, subject to the deposit of
7.5% of the cheque amount, as compounding fees, out of which
50% of the amount of compounding fee shall be deposited by the
present petitioner with the Member Secretary, H.P. State Legal
Services Authority, Shimla, and remaining 50% of the aforesaid
amount shall be deposited with the Chief Justice Disaster Relief
Fund, 2025 within a period of four weeks from today.
10. It is further clarified that if the petitioner fails to
deposit the compounding fee, as ordered by this Court, within a 6 ( 2026:HHC:3483 )
period of four weeks, then, the present order shall be deemed to
have been automatically revoked by reviving the judgment of
conviction and order of sentence dated 04.07.2025, passed by
learned trial Court and in that eventuality, she shall surrender
before the learned trial Court to undergo the substantive
sentence, imposed upon her, by the learned trial Court.
11. The petitioner is stated to be serving the substantive
sentence at Lala Lajpat Rai, District & Open Air Correctional
Home, Dharamshala, District Kangra, H.P. She is ordered to be
released forthwith, if not required in any other case. Release
warrants be prepared accordingly and the same be sent to the
Superintendent, Lala Lajpat Rai, District & Open Air Correctional
Home, Dharamshala, District Kangra, H.P.
12. A downloaded copy of this order shall be accepted
by the concerned authority after verifying the same from official
website of this Court.
In view of the above, the present petition is disposed
of, so also the pending miscellaneous application(s), if any.
(Romesh Verma)
Vacation Judge
February 12, 2026
(Nisha)
KHEM DN: C=IN, O=HIGH COURT OF HIMACHAL
PRADESH SHIMLA, Phone=
b3bb0330a36091c417dc6aa42212c14caec7825b a4158459325bd600d273f58b, PostalCode=
RAJ 171001, S=Himachal Pradesh, SERIALNUMBER= 6aa9db3b3e85e608387fb6f0fa0bb2ddacd2e1b82f 232ca3c0adea331da33983, CN=KHEM RAJ THAKUR Reason: I am the author of this document
THAKUR Location:
Date: 2026.02.13 07:34:02+05'30' Foxit PDF Reader Version: 2025.2.0
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