Himachal Pradesh High Court
Gajru Ram vs Hdfc Bank & Anr on 8 August, 2025
Author: Virender Singh
Bench: Virender Singh
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IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr. Revision No.446 of 2025
Date of Decision: 08.08.2025
.
Gajru Ram ...Petitioner
Versus
HDFC Bank & Anr.
.....Respondents
Coram:
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the Petitioner : Petitioner in person with
r Ms. Parul Negi, Advocate.
For the Respondents : Mr. Jitender P. Ranote,
Advocate, for respondent No.1.
Mr. Tejasvi Sharma and Mr.
Mohinder Zharaick, Additional
Advocates General, with Ms.
Ranjna Patial, Deputy Advocate
General, for respondent No.2.
Virender Singh, Judge (Oral)
Petitioner-Gajru Ram has filed the present Criminal
Revision Petition against the judgment dated 25.09.2023,
passed by the learned Sessions Judge, Kinnaur Sessions
Division at Rampur Bushahr, H.P., (hereinafter referred to as
the ‘Appellate Court’), in Criminal Appeal No.41 of 2023, titled
as ‘Gajru Ram versus HDFC Bank, Rampur Bushahr ‘.
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Whether reporters of Local Papers may be allowed to see the judgment?
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2. By way of judgment dated 25.09.2023, the learned
Appellate Court has dismissed the appeal, filed by the
petitioner, against the judgment of conviction and order of
.
sentence dated 27.05.2023, passed by the Court of learned
Additional Chief Judicial Magistrate, Rampur Bushahr, District
Shimla, H.P., (hereinafter called as the ‘trial Court’), in Criminal
Complaint Regd.No.177 of 2018, titled as HDFC Bank Ltd.
versus Gajru Ram’.
3. Vide judgment of conviction and order of sentence
dated 27.05.2023, 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.10,70,000/- to the complainant.
4. After dismissal of the appeal by the learned
Appellate Court, the present Criminal Revision Petition has
been preferred.
5. Now, the petitioner has moved application, bearing
Cr.MP No.3385 of 2025, under Section 528 of BNSS, read with
Section 147 of Negotiable Instruments Act, for compounding of
offence.
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6. Statements of the petitioner, as well as, of the
Advocate, appearing for respondent No.1-Bank, have been
recorded, in which, they have agreed that the dispute, with
.
regard to Cheque No.274343, dated 17.04.2018 has been
settled between the parties.
7. Today i.e. on 08.08.2025, Mr. Jitender P. Ranote,
Advocate, appearing for respondent No.1-Bank, under
instructions, has stated, regarding the factum, as to why,
respondent No.1-Bank had 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 Appellate
Court. He has also deposed that the matter has been settled
with the petitioner. In this regard, respondent No.1-Bank has
issued No Dues Certificate, which has been annexed with the
petition as Annexure P-1.
8. Learned counsel, appearing for respondent No.1-
Bank has further deposed that respondent No.1-Bank has no
objection, if the present revision petition is allowed and the
judgment of conviction and order of sentence passed by the
learned trial Court are ordered to be quashed and set-aside
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and the petitioner is acquitted from the offence, punishable
under Section 138 of NI Act.
9. Today, petitioner is also present before this Court
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and has also stated in the aforesaid terms. He has 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. He
has further deposed that he has been paid to the respondent-
Bank.
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 eight weeks 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 statements of the parties, as well
as, considering the fact that the matter has been settled
between the accused (petitioner) and the complainant-
.
respondent No.1, application, bearing Cr.MP No.3385 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
27.05.2023, passed by the learned trial Court, in Criminal
Complaint Regd.No.177 of 2018, which has been affirmed by
learned Appellate Court, in Criminal Appeal No.41 of 2023,
vide judgment dated 25.09.2023, 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. The petitioner is a poor person. He has no source
of income, as such, lenient view may kindly be taken, while
assessing the compounding fee.
15. However, this order shall be, subject to the deposit
of 15% of the cheque amount, as compounding fee. 50% of
the amount of compounding fee shall be deposited by the
accused with the Member Secretary, H.P. State Legal Services
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Authority, Shimla, and remaining 50% of the aforesaid amount
shall be deposited with the H.P. High Court, Staff Welfare
Organization, Shimla, within a period of eight weeks from
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today.
16. It is further clarified that if the petitioner fails to
deposit the compounding fee, as ordered by this Court, within a
period of eight weeks, then, the present petition shall be
deemed to have been dismissed, by reviving the judgment of
conviction and order of sentence dated 27.05.2023, 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.
17. Pending miscellaneous applications, if any, shall
also stand disposed of.
(Virender Singh)
Judge
August 08, 2025
(subhash)
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