Himachal Pradesh High Court
Decided On : 10.03.2025 vs Himachal Pradesh Gramin Bank on 10 March, 2025
Author: Virender Singh
Bench: Virender Singh
2025:HHC:5509
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Criminal Revision No.505 of 2022
Decided on : 10.03.2025
Roop Lal
...Petitioner
Versus
Himachal Pradesh Gramin Bank
...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioner : Petitioner in person with Ms.
Yamini, Advocate, vice Mr. Virender
Thakur, Advocate.
For the respondent : Mr. Pushpender Kumar, Advocate.
Virender Singh, Judge (oral)
Petitioner-Roop Lal has filed the present
Criminal Revision Petition against the judgment dated
25.08.2022, passed by the learned Sessions Judge,
Bilaspur, District Bilaspur, H.P. (hereinafter referred to as
the ‘First Appellate Court’), in Criminal Appeal No.10/10 of
2020, titled as ‘Roop Lal Vs. Himachal Pradesh Gramin
Bank‘.
1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
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2. By way of judgment dated 25.08.2022, the
learned First Appellate Court has dismissed the appeal,
filed by the petitioner, against the judgment of conviction
and order of sentence dated 26.02.2020, passed by the
Court of learned Chief Judicial Magistrate, Bilaspur,
District Bilaspur, H.P. (hereinafter called as the ‘trial
Court’), in case No.102/3 of 2015, 606/2015, titled as
‘Himachal Pradesh Gramin Bank Vs. Roop Lal‘.
3. Vide judgment of conviction and order of
sentence dated 26.02.2020, 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 him to undergo
simple imprisonment, for a period of one year and to pay a
compensation of Rs.20,06,724/- to the complainant.
4. After dismissal of the appeal by the learned
First Appellate Court, the present Criminal Revision
Petition has been preferred.
5. Now, the petitioner has moved application,
bearing CrMP No.738 of 2025, under Section 147 of NI Act,
for compounding of offence on the ground that the matter
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has been settled and the entire compensation amount has
been deposited with the respondent-Bank.
6. Statements of the petitioner, as well as, of the
Advocate, appearing for respondent-Bank, have been
recorded, in which, they have deposed that the dispute,
with regard to Cheque No.246825, dated 30.09.2015, has
been settled between the parties.
7. Today i.e. 10.03.2025, Mr. Pushpender Kumar,
Advocate, appearing for the respondent-Bank, under
instructions, has stated, regarding the factum, as to why,
Bank has 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 First Appellate Court. He
has also deposed that the matter has been compromised
with the petitioner and nothing is now due against him.
8. According to the learned counsel, appearing for
the respondent-Bank, since, the entire amount of
compensation has been paid by the petitioner, therefore,
he has no objection, if the present revision petition is
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allowed and the judgment of conviction and order of
sentence are ordered to be quashed and set aside and the
petitioner is acquitted from the offence, punishable under
Section 138 of NI Act.
9. Today, petitioner is also present before this
Court and he has also stated in the aforesaid terms. He
has also 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 he may be acquitted from the offence,
punishable under Section 138 of NI Act.
10. In addition to this, the petitioner has also put
forward the indigent circumstances, by stating that some
relaxation may be given in the compounding fee.
11. Apart from this, the petitioner-accused has also
given an undertaking that he will deposit the compounding
fee, within a period of three months from today and in
case, he fails to deposit the compounding fee, within the
stipulated period, the revision petition, may be treated as
dismissed and in that eventuality, he will surrender before
the learned trial Court to undergo the substantive
sentence, imposed upon him, by the learned trial Court.
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12. Considering the statement of the parties, as
well as, considering the fact that the matter has been
settled between the accused (petitioner) and the
complainant, application, bearing CrMP No.738 of 2025, is
allowed and the petitioner is permitted to compound the
offence.
13. Consequently, the present petition is allowed
and the judgment of conviction and order of sentence dated
26.02.2020, passed by learned trial Court in case
No.102/3 of 2015, 606/2015, which has been affirmed by
learned First Appellate Court, in Criminal Appeal No.10/10
of 2020, vide judgment dated 25.08.2022, are set aside
and the petitioner is acquitted from the offence, punishable
under Section 138 of the NI Act. His personal and surety
bonds are discharged.
14. However, this order shall be, subject to the
deposit of 4% of the cheque amount, as compounding fee,
with the Member Secretary, H.P. State Legal Services
Authority, Shimla, within a period of three months, from
today.
15. It is further clarified that if the petitioner fails to
deposit the compounding fee, as ordered by this Court,
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within a period of three months, then, the present petition
shall be deemed to have been dismissed, by reviving the
judgment of conviction and order of sentence dated
26.02.2020, 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.
16. Pending miscellaneous applications, if any,
shall also stand disposed of.
( Virender Singh )
Judge
March 10, 2025
(Gaurav Thakur)