M/S Verma Electricals and Sons Vs Rajdhani Electricles

Petitioner, through its proprietor, has filed the present revision petition against the judgment dated 12.03.2024, passed by the learned Sessions Judge, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.10S/10 of 2024, titled as M/s Verma Electricals & Sons versus Rajdhani Electricals.

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By way of judgment dated 12.03.2024, the learned Appellate Court has dismissed the appeal filed by

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1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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the petitioner against the judgment of conviction, dated 22.12.2023 and order of sentence dated 29.12.2023, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Shimla, District Shimla, H.P., (hereinafter referred to as the ‘trial Court’), in Case No.245 3 of 2017, titled as Rajdhani Electricals Versus M/s Verma Electricals & Sons.

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Vide judgment of conviction, dated 22.12.2023 and order of sentence dated 29.12.2023, the learned trial Court has convicted the petitioner, for the offence, punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment, for a period of six months and to pay a compensation of Rs.2,20,000/ to the complainant.

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After dismissal of the appeal by the learned Appellate Court, the present revision petition has been preferred.

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During the pendency of the present petition, the parties have settled the matter. Thereafter, the petitioner has filed application bearing Cr.MP No.4448 of 2025, for

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permitting the parties to compound the offence, on the ground that the matter has been settled between them.

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Statements of the proprietor of the petitioner, as well as, the proprietor of the respondent, have been recorded, in which, they both have deposed that the dispute with regard to Cheque No.306870, dated 13.09.2017, has been settled between the parties.

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Today, the accused (proprietor of the petitioner) is present before this Court. He has deposed that he has been convicted and sentenced by the learned trial Court, vide judgment of conviction, dated 22.12.2023 and order of sentence dated 29.12.2023.

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Against the said judgment of conviction and order of sentence, the petitioner had filed the appeal before the learned Appellate Court and the learned Appellate Court has also dismissed his appeal. Now, he is before this Court, in the present revision petition.

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In addition to this, the accused (proprietor of the petitioner) has also submitted that during the pendency of the revision petition, the matter has been compromised between him and the complainant. He has

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also deposed that he has deposited a sum of Rs.66,000/, before the learned trial Court and he has no objection, in case the said amount is released in favour of the complainant. He has also deposed that the remaining settled amount has been paid to the complainant.

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The petitioneraccused has also deposed that on the basis of the said compromise, the present petition may kindly be allowed, by setting aside the judgment of conviction and order of sentence, referred to above, and he may kindly be acquitted of the charge.

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Proprietor of the respondent is also present, in the Court and she has made the similar statement. She has deposed that respondent, has no objection, in case, the present petition is allowed and the accused is acquitted by setting aside the judgment of conviction, dated 22.12.2023 and order of sentence dated 29.12.2023.

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On the basis of the above statements, one thing is clear that the matter has been settled between the parties and in pursuance of the said settlement, complainant has received the remaining settled amount from the petitioneraccused.

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According to the respondentcomplainant, the dispute with regard to Cheque No.306870 dated 13.09.2017, has been settled between the parties.

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Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No.4448 of 2025, is allowed and the parties are permitted to compound the offence.

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Considering the fact that the application for compounding of the offence has been allowed, the present petition is allowed and the judgment of conviction, dated 22.12.2023 and order of sentence dated 29.12.2023, passed by learned trial Court in Case No.2453 of 2017, which has been affirmed by learned Appellate Court, in Criminal Appeal No.10S/10 of 2024, vide judgment dated 12.03.2024, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 NI Act. His personal and surety bonds are discharged.

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However, this order is subject to deposit 15% of the cheque amount, as compounding fee, within three months from today. 50% of the compounding fee be deposited with the Member Secretary, H.P. State Legal

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Services Authority, Shimla, and remaining 50% with the ‘Chief Justice Disaster Relief Fund, 2025’.

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It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within three months, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction, dated 22.12.2023 and order of sentence dated 29.12.2023, passed by learned trial Court and in that eventuality, he shall surrender before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court.

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The amount deposited by the petitioner accused, before the learned trial Court, is ordered to be released in favour of the complainant.

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Pending miscellaneous applications, if any, shall also stand disposed of.

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October 09, 2025 (ps)

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( Virender Singh ) Judge

M/S Verma Electricals and Sons v. Rajdhani Electricles

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M/S Verma Electricals and Sons v. Rajdhani Electricles

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