Hansa Devi Vs Golf Link Finance and Resorts Private Limited

Petitioner-Hansa Devi has filed the present Criminal Revision against the judgment dated 19.03.2025, passed by the Court of learned Sessions Judge, Shimla, District Shimla, H.P., (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal bearing No.150-S/10 of 2024, titled as ‘Hansa Devi versus Golf Link Finance and Resorts Private Limited’.

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By way of judgment dated 19.03.2025, the

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learned Appellate Court has dismissed the appeal, filed 1 Whether reporters of Local Papers may be allowed to see the judgment?

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2 ( 2025:HHC:42035 )

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by the petitioner, against the judgment of conviction dated 27.09.2024 and order of sentence dated 28.09.2024, passed by the Court of learned Judicial Magistrate First Class, Court No.IV, Shimla, District Shimla, H.P. (hereinafter called as the ‘trial Court’), in Criminal Case Registration No.9006100/2015, titled as ‘Golf Link Finance and Resorts Private Limited versus Hansa Devi’.

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Vide judgment of conviction dated 27.09.2024 and order of sentence dated 28.09.2024, 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 her to undergo simple imprisonment, for a period of two months and to pay a compensation of Rs.1,50,000/- 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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3 ( 2025:HHC:42035 )

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Now, the petitioner has moved Cr.MP No.5311 of 2025, under Section 528 of BNSS read with Section 147 of NI Act, for compounding of offence.

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Statements of the petitioner, as well as, learned counsel, appearing for respondent have been recorded, in which, they have agreed that the dispute, with regard to Cheque No.732574, dated 24.01.2015, has been settled, between the parties.

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Today i.e. 02.12.2025, learned counsel, appearing for respondent, under instructions, has stated, regarding the factum, as to why, respondent had filed the complaint, against the accused (petitioner), in which, the judgment of conviction and order of sentence have been passed, which have unsuccessfully been assailed, before the learned Appellate Court. She has also deposed that the matter has been settled with the petitioner.

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Learned counsel appearing for the respondent, has further deposed that the respondent 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

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4 ( 2025:HHC:42035 )

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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. She has paid the entire settled amount to the respondent and now nothing is due against her with regard to the cheque in question. She 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 she may be acquitted from the offence, punishable under Section 138 of NI Act.

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

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5 ( 2025:HHC:42035 )

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Considering the statements of the parties, as

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well as, considering the fact that the matter has been settled between the accused (petitioner) and the complainant, Cr.MP No.5311 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 dated 27.09.2024 and order of sentence dated 28.09.2024, passed by the learned trial Court, in Criminal Case Registration No.9006100/2015, which has been affirmed by learned Appellate Court, in Criminal Appeal No.150-S/10 of 2024, vide judgment dated 19.03.2025, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 of the NI Act. Her personal and surety bonds are discharged.

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However, this order shall be, subject to the deposit of 7% of the cheque amount, as compounding fee. 50% of the 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

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6 ( 2025:HHC:42035 )

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deposited with the H.P. High Court Employees Welfare Association, 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 dated 27.09.2024 and order of sentence dated 28.09.2024, passed by learned trial Court and in that eventuality, she shall surrender before the learned trial Court to undergo the substantive sentence, imposed upon her, by the learned trial Court.

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

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(Virender Singh)

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Judge December 02, 2025 (subhash)

Hansa Devi v. Golf Link Finance and Resorts Private Limited

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Hansa Devi v. Golf Link Finance and Resorts Private Limited

Case brief

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