Santosh Kumar Vs Swaroop Singh

( 2025:HHC:37717 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

	Cr. Revision No.	: 542 of 2024
	Decided on	: 07.11.2025
Santosh Kumar		…Petitioner
	Versus
Swaroop Singh		…Respondent

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The Hon’ble Mr. Justice Virender Singh, Judge.

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Whether approved for reporting?¹

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For the petitioner : Petitioner in person with Mr. Ravi Tegta, Advocate. For the respondent : Respondent in person with Mr. Naresh Sharma, Advocate.

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Virender Singh, Judge (oral)

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Petitioner – Santosh Kumar has filed the present Criminal Revision against the judgment dated 07.06.2023, passed by the learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr, District Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No. 08 of 2023, titled as ‘Santosh Kumar Vs Swaroop Singh’.

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By way of judgment dated 07.06.2023, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction and order 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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of sentence dated 22.12.2022, passed by the Court of learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, H.P., (hereinafter referred to as the ‘trial Court’), in Complaint Reg. No. 41/2017, titled as ‘Swaroop Singh Vs Santosh Kumar’.

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Vide judgment of conviction and order of sentence dated 22.12.2022, 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 one year and to pay a fine/compensation of Rs. 2,38,500/- to the complainant.

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After dismissal of the appeal by the learned

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Appellate Court, the present Criminal Revision 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. 4875 of 2025, for 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 petitioner, as well as, respondent, have been recorded, in which, they both have

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deposed that the dispute with regard to Cheque No. 071050, dated 15.09.2013, has been settled between the parties.

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Today, the accused (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 and order of sentence dated 22.12.2022.

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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 dismissed his appeal. Now, he is before this Court, by way of the present Criminal Revision.

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In addition to this, the accused (petitioner) has

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also submitted that during the pendency of the Criminal Revision, the matter has been compromised between him and the complainant.

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The petitioner-accused 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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Respondent has also made the similar

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statement. He has deposed that he has no objection, in case, the present petition is allowed and the petitioneraccused is acquitted by setting aside the judgment of conviction and order of sentence, dated 22.12.2022.

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On the basis of the above statements, one thing is clear that the matter has been settled between the

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parties and in pursuance of the said settlement, complainant has received the remaining amount of compensation from the petitioner.

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According to the respondent-complainant, the dispute with regard to Cheque No. 071050 dated 15.09.2013, 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. 4875 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 and order of sentence dated 22.12.2022, passed by learned trial Court in Complaint Reg. No. 41/2017, which has been

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affirmed by learned Appellate Court, in Criminal Appeal No. 08 of 2023, vide judgment dated 07.06.2023, 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 shall be subject to deposit of 7.5% of the cheque amount, as compounding fee, within a period of eight weeks from today. 50% of the compounding fee be deposited with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% with the Chief Justice Disaster Relief Fund.

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It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within eight weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction and order of sentence dated 22.12.2022, 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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