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Neutral Citation No. ( 2025:HHC:45321 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision No. 726 of 2025

Decided on: 24.12.2025

_______________________________________________

Nand Lal ....Petitioner

Versus

H.P. State Co-operative Agriculture & Rural Development

Bank Ltd.

…Respondent

Coram

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

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Whether approved for reporting?

For the petitioner: Mr. Vinod Thakur & Mr. Raman

Sharma, Advocates.

For the respondent: Mr. Narender Singh, Advocate.

________________________________________________

Sushil Kukreja, Judge (oral)

The instant petition has been filed by the

petitioner-accused under Section 438 read with Section 442

of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short

“BNSS”) against judgment, dated 10.09.2025, passed by

learned Additional Sessions Judge, Kinnaur at Rampur

Bushehar, District Shimla, H.P., in CIS Case Regd. No. 34 of

2025, whereby the judgment of conviction, dated 15.03.2025,

and order of sentence, dated 1505.2025, passed by learned

Judicial Magistrate First Class, Anni, District Kullu, H.P., in

CIS Case No. 116 of 2018, was affirmed.

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

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Neutral Citation No. ( 2025:HHC:45321 )

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

can succinctly be summarized as under:

3. The accused-Nand Lal approached the

complainant-Bank for grant of loan of Rs.7,00,000/- for

development of land, which was granted in his favour, as per

the agreement executed by the accused. After availing the

aforesaid loan, the accused did not adhere to the terms and

conditions of the agreement and defaulted in depositing the

monthly installments of the loan. The accused, in order to

liquidate his financial liability towards the complainant-Bank

on 04.10.2021 issued a cheque, bearing No. 886182,

amounting to Rs.3,30,000/-, payable at Punjab National

Bank in favour of the complainant-Bank. However, the

aforesaid cheque, on being presented for encashment was

dishonoured with remarks “funds insufficient”. Therefore, the

complainant-Bank issued a legal notice to the accused, but

he failed to pay the aforesaid amount to the complainant.

Resultantly, the complainant-Bank filed a complaint under

Section 138 of Negotiable Instruments Act (for short “the

Act”) before the learned Trial Court.

4. The learned Trial Court after conclusion of the

trial convicted the accused under Section 138 of the Act and

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Neutral Citation No. ( 2025:HHC:45321 )

sentenced him to undergo simple imprisonment for a period

of two years and to pay compensation of Rs.6,60,000/- to the

complainant-Bank and in default of payment of

compensation amount the accused/convict was ordered to

undergo further simple imprisonment for six months.

5. Being dissatisfied, the accused/petitioner/convict

preferred an appeal before the learned Lower Appellate

Court, which was dismissed, vide judgment dated

10.09.2025, and the judgment of conviction, dated

15.03.2025, and order of sentence, dated 15.05.2025,

passed by the learned Trial Court, was affirmed. Hence,

accused/petitioner/convict-Nand Lal preferred the instant

petition under Section 438 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.

6. During the pendency of the instant petition, an

application (Cr.MP No. 5818 of 2025) under Section 147 of

the Act has been filed by the petitioner-accused seeking

permission of this Court to compound the offence on the

basis of compromise by setting-aside the judgment of

conviction, dated 15.03.2025, and order of sentence, dated

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Neutral Citation No. ( 2025:HHC:45321 )

15.05.2025, passed by learned Judicial Magistrate 1^st Class,

Anni, District Kullu, H.P., which was affirmed by learned

Additional Sessions Judge, Kinnaur at Rampur Bushahr,

District Shimla, H.P., vide judgment, dated 10.09.2025, in

CIS Case Regd. No. 34 of 2025.

7. Today, Mr. Narender Singh, Advocate, learned counsel

for the