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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP No.1758 of 2026 in Cr.R. No.626 of 2022

Date of Decision: 13.05..2026

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Ilyas Ali ……...Applicant/Petitioner

Versus

Bhag Singh …....Non-applicant/Respondent

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? f

For the Petitioner: Dr. Rajesh Kumaor Parmar, Advocate.

For the Respondent: Mr. Ashok Kumar, Advocate.

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Sandeep Sharma, J. (Oral)

By way of instant application filed under Section 147 of

Negotiable Instruments Act (in short “Act”) read with Section 359 of

Bharatiya Nagarik Suraksha Sanhita, 2023 (in short “BNSS”), prayer has

been made by the applicant-petitioner (in short “accused”) for

compounding of offence alleged to have been committed under Section 138

of the Act.

2. Precisely, the facts of the case as emerge from the record are

Hthat non-applicant/respondent/complainant (in short ‘complainant’) filed

a complaint under Section 138 of the Negotiable Instruments Act (in short

‘Act’) in the competent court of law, alleging therein that accused entered

into an agreement dated 26.07.2014 with him to hire the tractor bearing

No.HR-06-R-7975 along with loader @ Rs.2000/- per day. He alleged that

agreement was reduced into writing duly attested by Notary Public and

with a view to discharge his lawful liability, accused issued Cheque bearing

No.528607 dated 04.07.2015 amounting to Rs.50,000/- drawn on State

Bank of Patiala, Branch Bhagni, Tehsil Paonta Sahib, District Sirmaur,

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District Shimla, Himachal Pradesh, however, on presentation of aforesaid

Cheque to the Bank concerned, the same was dishonoured wit.h the

remarks “Insufficient Funds”. After receipt of aforesaid return memo,

complainant served accused with a legal notice through registered post,

however, since accused failed to make the payment good within the time

stipulated in the legal notice, respondent/complainant was compelled to

initiate proceedings under Section 138 of the Act in the Court of learned

Judicial Magistrate First Class, Nalagarh, District Solan, Himachal

Pradesh. r

3. Learned trial Court on the basis of material adduced on record

by the respective parties, vide judgment/order dated

09.08.2019/02.09.20C19, held the accused guilty of having committed

offence under Section 138 of the Act and accordingly convicted and

sentenced him to undergo simple imprisonment for a period of six months

and pagy compensation to the tune of Rs.60,000/- to the complainant.

4 i. Though, at the first instance, accused preferred an appeal in

the Court of learned Additional Sessions Judge, Nalagarh, District Solan,

Himachal Pradesh, however, same was dismissed vide judgment dated

30.07.2022. Being aggrieved and dissatisfied with the aforesaid judgment

passed by learned first appellate court, accused preferred Criminal

Revision No.626 of 2022 in this Court, which also came to be dismissed

vide judgment dated 18.09.2024.

5. Since after passing of aforesaid judgment dated 18.09.2024,

accused compromised the matter with the complainant, whereby accused

has paid the entire amount to the complainant, applicant-accused has

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approached this Court in the instant application filed under Section 147 of

Negotiable Instruments Act (in short “Act”) read with Section 359 of B.NSS,

praying therein for compounding of the offence under Section 147 of the

Act.

6. While making reference to the compromise arrived inter se

parties, Dr. Rajesh Kumar Parmar, learned counsel for the accused, states

that since parties have already compromised the matter, this Court, while

exercising power under Section 147 of the Act, may proceed to compound

the offence and acquit the accused frrom the charge framed against him.

7. Mr. Ashok Kumar, Advocate, while putting in appearance on

behalf of the complainant, states that he has ins