Mahinder Singh Vs Ashok Kumar and Anr.

present petition, against the judgment dated 21.11.2024, passed by the Court of learned Sessions Judge, Hamirpur, H.P. (hereinafter referred to as ‘the

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Appellate Court’), in Criminal Appeal No. 54 of 2024, titled as, ‘Mohinder Singh versus Ashok Kumar & Anr.’.

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By way of judgment dated 21.11.2024, learned Appellate Court has dismissed the aforesaid appeal.

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The said appeal was preferred against the judgment of conviction and order of sentence, dated 23.4.2024, passed by the Court of learned Judicial Magistrate First Class, Court No. III, Hamirpur, H.P. (hereinafter referred to as ‘the trial Court’), in Crl. Case No. 50-1-2019, titled as, ‘Ashok Kumar versus Mohinder Singh’.

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By way of judgment of conviction and order of sentence, as referred to above, the learned trial Court has convicted the petitioner (hereinafter referred to as ‘the accused’) for the commission of offence, punishable under Section 138 of Negotiable Instrument Act, (hereinafter referred to as ‘the N.I. Act’) and sentenced him to undergo simple

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imprisonment, for a period of two months and to pay a compensation of Rs. 3,25,000/- to the complainant.

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During the pendency of the revision petition, before this Court, as per the stand taken by the parties, the matter has been compromised between the parties. This fact has been demonstrated from Cr.M.P. No. 4876 of 2025, which has been moved by learned counsel for the petitioner-accused, before this Court, in which, he has prayed that permission to compound the offence may kindly be accorded.

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The petitioner-accused has appeared before this Court, today and stated, on oath, that the matter has been settled with the respondent, with regard to cheque No. 003578 dated 10.7.2019. He has deposed that he has deposited a sum of Rs. 1,91,000/- with the learned trial Court, and now, nothing is due against him. He has no objection, in case, the amount deposited with the learned trial Court, is released, in favour of the complainant.

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Respondent has made statement on oath,

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acknowledging the factual position, as asserted by the petitioner-accused, in his statement. Lastly, he has stated that he has no objection, in case, the present petition is allowed. He has prayed that the amount of Rs. 1,91,000/-, deposited by the petitioner, with the learned trial Court, may kindly be released in his favour.

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Keeping in view the fact that the parties to the lis have compromised the matter, Cr.M.P. No. 4876 of 2025 is allowed and the petitioner is permitted to compound the offence.

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In view of the above, the present petition is allowed, by setting aside the impugned judgment of conviction and order of sentence, referred to above, passed by the learned trial Court, and affirmed by the learned Appellate Court, and accused is acquitted from the offence, punishable under Section 138 of the N.I. Act, subject to payment of 7.5% of the cheque amount, as compounding fee. 50% of the compounding fee shall

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be deposited by the petitioner/accused with the Member Secretary, H.P. State Legal Services Authority, Shimla, and remaining 50% of the amount shall be deposited by him with the Chief Justice, Disaster Relief Fund, 2025, within 10 weeks, from today.

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The learned trial Court is directed to release the amount of Rs. 1,91,000/-deposited by the petitioner, with it, in favour of the complainant.

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It is further clarified that in case of failure to deposit the compounding fee, within the prescribed period, the revision petition shall be deemed to have been dismissed and judgment of conviction and order of sentence, shall revive automatically, and the petitioner shall surrender before the learned trial Court to serve out the substantive sentence, imposed by the learned trial Court.

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The bail bonds furnished by the accused are ordered to be discharged.

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The pending application(s), if any, are also

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disposed of.

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(Virender Singh) Judge

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November 7, 2025 (Kalpana)

Mahinder Singh v. Ashok Kumar and Anr.

Case brief

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Mahinder Singh v. Ashok Kumar and Anr.

Case brief

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