Sunil Vs Devi Chand Sharma

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Criminal Revision No. 804 of 2024 Date of Decision: 20.04.2026

____________________ Sunil	___________________________________ …….Petitioner Versus
Devi Chand Sharma	… Respondent
____________________ Coram: Hon’ble Mr. Justice San Whether approved for rep	___________________________________ deep Sharma, Judge. orting?¹
For the Petitioner:	Mr. Vivek Thakur, Advocate
For the Respondent:	Mr. Bhim Raj Sharma, Advocate.
_____________________ Sandeep Sharma, Judge	__________________________________ (oral):

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Instant Criminal Revision Petition filed under Section 442 of Bharatiya Nagarik Suraksha Sanhita, lays challenge to judgment dated 29.08.2024 passed by learned Sessions Judge, Shimla, District Shimla, Himachal Pradesh in Cr. Appeal No. 43-S/10 of 2024, affirming the judgment of conviction dated 02.04.2024 and order of sentence dated 09.04.2024 passed by learned Judicial Magistrate, First Class, Court No.6, Shimla, in Criminal Case No.1459 of 2019, titled “ Devi Chand Sharma vs. Sunil” , whereby learned trial Court, while holding the petitioner-accused (hereinafter, ‘accused’) guilty of having committed offence punishable under S. 138 of the Negotiable Instruments Act, (for short ‘Act’) convicted and sentenced him to

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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undergo simple imprisonment for a period of two months and pay compensation of Rs.70,000/to the respondent-complainant ( hereinafter, ‘complainant’).

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Precisely, the facts of the case, as emerge from the record are that the respondent -complainant instituted a complaint under Section 138 of the Act in the competent Court of law, alleging therein that cheque bearing No.706758, dated 01.10.2019, amounting to Rs. 35, 000/-, having been issued by the petitioner -accused towards discharge of his lawful liability was dishonoured on account of insufficient funds in the account of the accused. Since, despite having received legal notice, accused failed to make the payment good well within stipulated time, complainant was compelled to initiate proceedings under Section 138 of the Act in the competent Court of law, which subsequently, on the basis of evidence adduced on record by the respective parties, held the accused guilty of having committed offence punishable under S. 138 of Act and accordingly convicted and sentenced him as per description given herein above.

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Though, being aggrieved and dissatisfied with aforesaid judgment of conviction and order of sentence passed by learned trial Court, accused preferred an appeal in the Court of learned Sessions Judge, Shimla District Shimla, H.P, but same was dismissed vide judgment dated 29.08.2024. In the aforesaid background, petitioner-

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accused has approached this court in the instant proceedings, praying therein for his acquittal after setting aside judgments of conviction and order of sentence passed by both the learned Courts below.

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Before the case at hand could be heard and decided on its own merit, petitioner has entered into the compromise with the respondent/Complainant, whereby they have resolved to settle their dispute amicably interse them.

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Today, during the proceedings of the case, learned counsel representing the petitioner states that the petitioner has entered into the compromise with the respondent-complainant, whereby they have resolved to settle their dispute amicably. He states that since entire amount of the compensation has been paid to the respondent-complainant, this Court, while exercising power under Section 147 of the Act, may proceed to compound the offence.

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Mr. Bhim Raj Sharma, learned counsel representing respondent-complainant, while fairly acknowledging factum with regard to compromise arrived interse parties, states that since entire compensation amount has been received by the respondentcomplainant, this Court may allow the prayer made on behalf of the petitioner-accused for compounding of the offence.

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Though, no application under Section 147 of the Act has been filed by the petitioner for compounding the offence, however,

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this Court has sufficient power to compound the offence under Section 147 of the Act, especially when the complainant is ready and willing for the same, as has been fairly stated by the learned counsel for respondent- complainant.

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Having taken note of the fact that entire amount of compensation has been paid to the respondent-complainant and respondent-complainant has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence, while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon’ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663 , wherein it has been categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction.

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Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and order of sentence passed by the courts below are set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Bail bonds, if any, are discharged. Pending applications, if any, also stand disposed of.

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Since complainant was compelled to engage in unwarranted litigation with the accused for realization of his own amount, petitioner-accused is directed to pay sum of Rs. 5000/- as litigation charges to the respondent-complainant and deposit Rs. 5000/- with the H.P. State Legal Service Authority as compounding fee within a period of eight weeks, failing which, he shall render himself liable for penal consequences as well as contempt of the Court.

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(Sandeep Sharma), Judge

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April 20, 2026 (shankar)

Sunil v. Devi Chand Sharma

Case brief

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Sunil v. Devi Chand Sharma

Case brief

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