2025:HHC:38834 Appeal No. 73-S/10 of 2024, titled as, ‘Partap Singh versus Partap Singh’.

2. By way of judgment dated 4.10.2024, learned Appellate Court has dismissed the aforesaid appeal.

3. The said appeal was preferred against the judgment of conviction, dated 3.5.2024, and order of sentence, dated 31.5.2024, passed by the Court of learned Judicial Magistrate First Class, Chopal, District Shimla, uH.P. (hereinafter referred to as ‘the trial Court’), oin Crl. Case No. 77-3 of 2020, titled as, ‘PartapC Singh versus Partap Singh’.

4. By way of judgment of conviction and order of sentence, as referred to above, the learned trial Court has convicted the petitioner (hereinafter referred to as H‘the accused’) for the commission of offence, punishable under Section 138 of Negotiable Instrument Act, (hereinafter referred to as ‘the N.I. Act’) and sentenced him to undergo simple imprisonment, for a period of three months and to pay a compensation of Rs. 4,00,000/- to the complainant.

In default of payment of fine, he has been sentenced to undergo further simple imprisonment for a period of one month.

5. During the pendency of the revision petition, before this Court, as per the stand taken by the parties, the matter has been compromised between the parties. This fact has been demonstrated from Cr.M.P. No. 4945 of 2025, which has been jointly moved by learned counsel fuor the parties, before this Court, in which, he hoas prayed that permission to compound the offeCnce may kindly be accorded.

6. The petitioner-accused has appeared before this Court, today and stated, on oath, that the matter has been settled with the respondent, with regard to Hcheque No. 448893 dated 12.2.2020. He has deposed that the matter has been settled between the parties, and now, nothing is due against him.

7. Respondent has made statement on oath, acknowledging the factual position, as asserted by the petitioner-accused, in his statement. Lastly, he has stated that he has no objection, in case, the present petition is allowed and the petitioner/accused is acquitted from the offence, punishable under Section

138 of N.I. Act.

8. Keeping in view the fact that the parties to the lis have compromised the matter, Cr.M.P. No. 4945 of 2025 is allowed and the parties are permitted to compound the offence.

9. In view ouf the above, the present petition is allowed, by osetting aside the impugned judgment of convictCion and order of sentence, referred to above, passed by the learned trial Court, and affirmed by the learned Appellate Court, and accused is acquitted from the offence, punishable under Section 138 of the N.I.

HAct, subject to payment of 7.5% of the cheque amount, as compounding fee. 50% of the compounding fee shall be deposited by the petitioner/accused with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% of the amount shall be deposited by him with the Chief Justice, Disaster Relief Fund, 2025, within eight weeks, from today.

10. It is further clarified that in case of failure to deposit the compounding fee, within the prescribed period, the revision petition shall be deemed to have been dismissed and judgment of conviction and order of sentence, shall revive automatically, and the petitioner shall surrender before the learned trial Court to serve ouut the substantive sentence, imposed by the learneod trial Court.

11. CThe bail bonds furnished by the accused are ordered to be discharged.

12. The pending application(s), if any, are also disposed of.

H (Virender Singh)

Judge November 17, 2025 (Kalpana)