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1 ( 2025:HHC:44902 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Criminal Revision No. 482 of 2025 .

Decided on: 22.12.2025 P

________________________________________________

Vijay Kumar ....Petitioner

Versus

Smt. Anjana Kanwar ….Respondent

Coram

The Hon’ble Mr. Justice Sushil Kukreja, Judge.

Whether approved for reporting?1 o

For the petitioner: Mr. Arun Kumar, Advocate, vice

Mr. Sanjeev Kumar Suri,

Advocate.

For the respondent: Mr. Virender Sharma,

Advocate.

________________________________________________

Sushil Kukreja, Judge (oral)

The instant petition has been filed by the

petitioner-accused under Section 438 read with Section 442

of the Bhartiya Nyaya Suraksha Sanhita (for short “BNSS”)

against judgment, dated 19.05.2025, passed by learned

Additional Sessions Judge-II, Shimla, District Shimla, H.P., in

Criminal Appeal (RBT) No. 46-S/10 of 25/24, whereby

whereby the judgment of conviction and order of sentence,

dated 05.07.2024, passed by learned Chief Judicial

Magistrate, Shimla, District Shimla, H.P., in CIS Reg. No.

558/2021, was affirmed.

1 Whether reporters of Local Papers may be allowed to see the judgment?

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2. The brief facts, giving rise to the present petition,

can succinctly be summarized as under:

2(a). Accused-Vijay Kumar had cordial relations with

complainant-Smt. Anjana Kanwar, and during the last week

of September, 2020, asked her for friendly loan of

Rs.92,000/- for two months. The complainant gave the

aforesaid amount to the accused in cash on 06.10.2020 and

the accused promised to pay the same by first week of

December, 2020. However, accused did not pay the

aforesaid amount, as promised and in turn he issued post

dated cheque No. 000020, amounting to Rs.92,000/- dated

25.03.2021, drawn on Punjab and Sind Bank, Sanjauli,

Shimla, in discharge of his financial liability towards the

complainant. However, the aforesaid cheque, when

presented for encashment was dishonoured for want of

sufficient funds. Thereafter, the complainant issued a legal

notice to the accused, but the accused failed to make the

payment of the cheque amount within the stipulated time.

Resultantly, the complainant-Bank filed a complaint under

Section 138 of the Negotiable Instruments Act, 1881 (for

short “the Act”) before the learned Trial Court.

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3. The learned Trial Court after conclusion of the

trial convicted the accused under Section 138 of the Act and

sentenced him to undergo simple imprisonment for a period

of two months and to pay fine of Rs.1,00,000/- to the

complainant-Bank.

4. Being dissatisfied, the accused/petitioner/convict

preferred an appeal before the learned Lower Appellate

Court, which was dismissed, and judgment of conviction and

order of sentence, dated 05.07.2024, passed by the learned

Trial Court, were affirmed. Hence, accused/

petitioner/convict-Vijay Kumar preferred the instant petition

under Section 438 read with Section 442 of BNSS, with a

prayer that his petition be allowed and the impugned

judgments and order of sentence passed by the learned

Courts below be set-aside and he be acquitted.

5. During the pendency of the instant petition, an

application (Cr.MP No. 4746 of 2025) under Section 147 of

the Act read with Section 528 of BNSS been filed by the

petitioner-accused, seeking permission of this Court to

compound the offence by setting-aside the judgment of

conviction and order of sentence dated 05.07.2024, passed

by learned Chief Judicial Magistrate, Shimla, District Shimla,

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H.P., in CIS Reg. No. 558 of 2021, and affirmed vide

judgment dated 19.05.2025, passed by learned Additional

Sessions Judge-II, Shimla, District Shimla, H.P., in Criminal

Appeal (RBT) No. 46-S/10 of 25/24.

6. On 11.12.2025, the petitioner-accused was

present before this Court and his statement was recorded.

Today, the complainant-respondent is present before this

Court and