Ankush Kango Vs Satish Kumar and Anr.

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1 ( 2025:HHC:29533 )

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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Cr. Revision No.476 of 2022 Date of Decision: 01.09.2025

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Ankush Kango …Petitioner

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Versus Satish Kumar & Anr. …..Respondents

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Coram:

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The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?¹

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For the Petitioner : Petitioner in person with Mr. Mohit Dogra, Advocate. For the Respondents : Respondent No.1, in person with Mr. R.L. Chaudhary and Mr. H.R. Sidhu, Advocate. Mr. Varun Chandel and Mr. H.S. Rawat, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General for respondent No.2/State.

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Virender Singh, Judge (Oral)

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Petitioner-Ankush Kango has filed the present Criminal Revision Petition against the judgment dated 28.07.2022, passed by the learned Sessions Judge, Hamirpur, District Hamirpur H.P., (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.03 of 2022, titled as ‘Ankush Kango versus Satish Kumar & Anr’.

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

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2 ( 2025:HHC:29533 )

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By way of judgment dated 28.07.2022, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated dated 30.12.2021, passed by the Court of learned Judicial Magistrate First Class, Court No.2, Hamirpur, District Hamirpur, H.P., (hereinafter called as the ‘trial Court’), in Criminal Complaint No.52-I-2017, titled as ‘Satish Kumar versus Ankush’.

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Vide judgment of conviction and order of sentence dated 30.12.2021, 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.2,40,000/- to the complainant.

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

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Now, the petitioner has moved application, bearing Cr.MP No.3860 of 2025, under Section 359 of BNSS read with Section 147 of NI Act, for compounding of offence, on the ground that the parties have settled the matter.

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Statements of the petitioner, as well as, respondent, have been recorded, in which, they have deposed that the dispute,

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3 ( 2025:HHC:29533 )

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with regard to Cheque No.898618 dated 18.04.2017, has been settled between the parties.

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Today i.e. 01.09.2025, respondent No.1, has stated, regarding the factum, as to why, he had filed the complaint against the accused (petitioner), in which, the judgment of conviction and order of sentence have been passed by the learned trial Court, which have unsuccessfully been assailed, before the learned Appellate Court. He has also deposed that the matter has now been settled with the petitioner.

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According to respondent No.1, he has no objection, if the present revision petition is allowed and the judgment of conviction and order of sentence are ordered to be quashed and set-aside and the petitioner-accused is acquitted from the offence, punishable under Section 138 of NI Act.

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Today, petitioner-accused is also present before this Court and has also stated in the aforesaid terms. He has deposed that he has paid the entire compensation amount and nothing is due against him. He has also 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. He has further deposed that he has

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4 ( 2025:HHC:29533 )

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deposited a sum of Rs.50,000/- before the learned trial Court and a sum of Rs.50,000/- before the Registry of this Court and he has no objection, in case the said amount so deposited, be released in favour of respondent No.1-Satish Kumar.

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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 eight 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 statement of the petitioner-accused and the respondent, as well as, considering the fact that the matter has been settled between the accused (petitioner) and respondent, application, bearing Cr.MP No.3860 of 2025, is allowed and the petitioner is permitted to compound the offence. 12. Consequently, the present petition is allowed and the judgment of conviction and order to sentence dated 30.12.2021 passed by the learned trial Court in Criminal Complaint No.52-I2017, which has been affirmed by learned Appellate Court, in Criminal Appeal No.03 of 2022, vide judgment dated 28.07.2022,

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5 ( 2025:HHC:29533 )

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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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The petitioner is a poor person and also belongs to a BPL family. He is the sole bread earner of the family, consisting of five members, as such, lenient view may kindly be taken, while assessing the compounding fee.

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However, this order shall be, subject to the deposit of 10% of the cheque amount, as compounding fee. 50% of the compounding fee be deposited with the Member Secretary, H.P. State Legal Services Authority, Shimla and 50% of the compounding fee be deposited with H.P. High Court Staff Welfare Organization, Shimla, within a period of eight 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 30.12.2021, 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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6 ( 2025:HHC:29533 )

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Pending miscellaneous applications, if any, shall also

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stand disposed of.

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(Virender Singh) Judge

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September 01, 2025 (subhash)

Ankush Kango v. Satish Kumar and Anr.

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Ankush Kango v. Satish Kumar and Anr.

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