Kali Kant Vs Balak Ram

For the Petitioner : Petitioner in person with Mr. Lakshay Thakur, Advocate. For the Respondent : Respondent in person with Mr. Nitin Misra, Advocate.

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Virender Singh, Judge (Oral)

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Petitioner-Kali Kant has filed the present Criminal Revision against the judgment dated 26.03.2025, passed by the Court of learned Sessions Judge (Forests), Shimla, District Shimla H.P., (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal bearing Registration No.17 of 2023, titled as ‘Kali Kant versus Balak Ram’.

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By way of judgment dated 26.03.2025, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 04.01.2023, passed by the Court of learned Additional Chief

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

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2 . ( 2025:HHC:34727 )

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Judicial Magistrate, Court No.2, Shimla, District Shimla, H.P., (hereinafter called as the ‘trial Court’), in Criminal Case RBT No.1181-3 of 2014/2011, titled as ‘Balak Ram versus Kali Kant’.

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Vide judgment of conviction and order of sentence dated 04.01.2023, 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.2,50,000/- to the complainant.

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After dismissal of the appeal by the learned Appellate Court, the present Criminal Revision has been preferred.

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Now, the petitioner has moved Cr.MP No.4522 of 2025, under Section 147 of NI Act, for compounding of offence.

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Statements of the petitioner, as well as, respondent, have been recorded, in which, they have agreed that the dispute, with regard to Cheque No.398502, dated 13.06.2011 has been settled, between the parties.

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Today i.e. 13.10.2025, respondent, has stated, regarding the factum, as to why, he had filed the complaint, against the accused (petitioner), in which, the judgment of

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3 . ( 2025:HHC:34727 )

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conviction and order of sentence have been passed, which have unsuccessfully been assailed, before the learned Appellate Court. He has also deposed that the matter has been settled with the petitioner.

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The respondent has further deposed that he has no objection, if the present revision petition is allowed and the judgment of conviction and order of sentence passed by the learned trial Court, are ordered to be quashed and set-aside and the petitioner is acquitted from the offence, punishable under Section 138 of NI Act.

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Today, petitioner is also present before this Court and has also stated in the aforesaid terms. He has deposited a sum of Rs.50,000/- before the learned trial Court. He has no objection, in case, the amount, so deposited, before the learned trial Court, is released in favour of the respondent. He has paid the entire settled amount to the respondent and now nothing is due against him with regard to the cheque in question. He has deposed that on the basis of the compromise, the present petition may be allowed by setting aside the judgment of conviction and order of sentence, referred to above, and he may be acquitted from the offence, punishable under Section 138 of NI Act.

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4 . ( 2025:HHC:34727 )

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Apart from this, the petitioner-accused has also given an undertaking that he will deposit the compounding fee, within a period of ten weeks from today and in case, he fails to deposit the compounding fee, within the stipulated period, the revision petition may be treated, as dismissed and in that eventuality, he will surrender before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court.

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Considering the statements of the parties, as well as, considering the fact that the matter has been settled between the accused (petitioner) and the complainant, Cr.MP No.4522 of 2025, is allowed and the parties to the lis are permitted to compound the offence.

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Consequently, the present petition is allowed and the judgment of conviction and order of sentence dated 04.01.2023, passed by the learned trial Court, in Criminal Case RBT No.1181-3 of 2014/2011, which have been affirmed by learned Appellate Court, in Criminal Appeal bearing Registration No.17 of 2023, vide judgment dated 26.03.2025, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 of the NI Act. His personal and surety bonds are discharged.

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However, this order shall be, subject to the deposit of 15% of the cheque amount, as compounding fee. 50% of the

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5 . ( 2025:HHC:34727 )

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amount of compounding fee shall be deposited by the accused with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% of the aforesaid amount shall be deposited with the Chief Justice, Disaster Relief Fund, within a period of ten weeks from today.

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It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within a period of eight weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction and order of sentence dated 04.01.2023, 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. Amount deposited by the petitioner (accused) is ordered to be released in favour of complainant (respondent) Balak Ram.

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

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(Virender Singh) Judge

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October 13, 2025 (subhash)

Kali Kant v. Balak Ram

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Kali Kant v. Balak Ram

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