Mohinder Singh Vs Tijender Paul

2026:HHC:24045

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision No.830 of 2024 Date of Decision: 22.06.2026

__________________________________________________________________________ Mohinder Singh ……...Petitioner Versus Tijender Paul …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Suchitra Sen, Advocate. For the Respondent: Mr. Devender K. Sharma, Advocate. __________________________________________________________________________

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Sandeep Sharma, J. (Oral)

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Instant criminal revision petition filed under Section 442 of the Bharatiya Nagrik Suraksha Sanhita, 2023, lays challenge to judgment dated 04.10.2024, passed by the learned Sessions Judge, Mandi Division, Mandi, Himachal Pradesh, in Criminal Appeal No.69 of 2024, titled Mohinder Singh Vs. Tijender Paul, affirming judgment of conviction and order of sentence dated 20.05.2024, passed by the learned Additional Chief Judicial Magistrate, Mandi, District Mandi, Himachal Pradesh, whereby the learned trial Court while holding the petitioner-accused (hereinafter, ‘ accused ’) guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act") , convicted and sentenced him to undergo simple imprisonment for a period of one month with regard to Cheque No.985454 dated 21.06.2018, and pay compensation to the tune of ₹34,000/- to the complainant. Similarly, with regard to Cheque No.985455 dated 26.06.2018, petitioner-accused has been further

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convicted to undergo simple imprisonment for one month and pay compensation to the tune of ₹30,000/- to the complainant.

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Precisely, the facts of the case, as emerge from the record are that respondent-complainant (hereinafter, ‘ complainant ’) instituted a complaint under Section 138 of the Act, in the Court of learned Additional Chief Judicial Magistrate, Mandi, District Mandi, Himachal Pradesh, alleging therein that accused with a view to discharge his liability issued Cheques, but fact remains that aforesaid Cheques on their presentation, were dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act.

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Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 20.05.2024, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and accordingly, convicted and sentenced him, as per the description given hereinabove.

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Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the Court below, accused preferred an appeal in the Court of learned Sessions Judge, Mandi Division, Mandi, Himachal Pradesh, which also came to be dismissed vide judgment dated 04.10.2024, as a consequence of which, judgment of conviction recorded by the learned trial

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Court came to be upheld. In the aforesaid background, petitioner-accused has approached this Court by way of instant proceedings, seeking therein his acquittal after setting aside the judgments of conviction recorded by the Courts below.

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Before case at hand could be heard and decided on its own merits, parties have entered into compromise, whereby respondent/complainant has agreed to settle the dispute with the petitioner/accused. Counsel representing the petitioner, on instructions from the petitioner, states that amount lying deposited with the Registry of this Court as well as learned trial Court has been agreed to be released in favour of respondent/complainant. He states that since petitioner/accused has agreed to pay entire compensation amount, as per compromise, detailed hereinabove, this Court, while exercising power under Section 147 of the Act may proceed to compound the offence.

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Mr. Devender K. Sharma, learned counsel representing the respondent/complainant, states that he has instructions to depose on behalf of respondent/complainant. He states that complainant has compromised the matter with the petitioner-accused and as per compromise, entire compensation amount has been deposited with the learned trial Court as well as Registry of this Court and in case amount lying deposited with the learned trial Court and Registry of this Court is ordered to be released in favour of the complainant, complainant shall

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have no objection in case the judgments of conviction passed by the learned Courts below are quashed and set aside and the petitioner is acquitted of the charge framed against him. However, he states that some amount on account of litigation charges may be awarded in favour of complainant, because he was unnecessarily dragged into litigation for realization of his own money. His statement is taken on record.

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Since parties have resolved to settle their dispute amicably inter se them, as has been taken note hereinabove, coupled with the fact that respondent/complainant has no objection in compounding the offence, in the event of his being released the amount lying deposited with the Registry of this Court as well as learned trial Court, 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 Cour t in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663 , wherein it

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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 by the Courts below.

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Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 04.10.2024 and 20.05.2024, passed by the Courts below are quashed and

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set aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Interim order, if any, is vacated. Bail bonds, if any, are discharged. Amount lying deposited with the Registry of this Court as well as learned trial Court is ordered to be released in favour of the respondent-complainant by remitting the same in his saving bank account, detail whereof shall be furnished by his counsel within one week.

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Since respondent/complainant was compelled to engage in unwarranted litigation with the petitioner/accused for realization of his own money, petitioner-accused is directed to pay a sum of ₹10,000/- as litigation charges in favour of respondent/complainant and further to deposit sum of Rs.5000/- with the H.P. State Legal Service Authority as compounding fee, within a period of eight weeks, failing which petitioner/accused shall render himself for penal consequences as well as Contempt of Court.

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The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any.

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(Sandeep Sharma), Judge

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June 22, 2026 (Rajeev Raturi)

Mohinder Singh v. Tijender Paul

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Mohinder Singh v. Tijender Paul

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