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2025 DIGILAW 1013 (HP)

Suresh Verma v. Om Prakash

2025-05-14

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. Petitioner-Suresh Verma has filed the present Criminal Revision Petition against the judgment dated 30.07.2024, passed by the learned Additional Sessions Judge (CBI Court), Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’) in Criminal Appeal No. 32-S/10 of2024, titled as Suresh Verma Vs. Om Prakash. 2. By way of judgment dated 30.07.2024, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction dated 22.04.2024 and order of sentence dated 14.05.2024, passed by the Court of learned Judicial Magistrate First Class, Chopal, District Shimla, H.P. (Circuit Court at Theog), (hereinafter referred to as the ‘trial Court’), in Criminal Case No. 353-3 of 2016, titled as Om Prakash Vekta Vs. Suresh Verma. 3. Vide judgment of conviction dated 22.04.2024 and order of sentence dated 14.05.2024, 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 three months and to pay a compensation of Rs.2,00,000/- 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 CrMP No.1879 of 2025, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) read with Section 147 of NI Act, for compounding of offence on the ground that both the parties have amicably settled the matter in a sum of Rs.1,70,000/-. According to the petitioner, out of the said amount, he has deposited Rs.1,00,000/- with the learned trial Court and the remaining amount i.e. Rs.70,000/- has already been paid to the respondent/complainant. 6. Today, statements of both the parties have been recorded, in which, they have deposed that the dispute, with regard to Cheque No.000004, dated 15.06.2016, has been settled between them. 7. The complainant has stated on oath, regarding the factum, as to why, he has filed the complaint against the accused, in which, the judgment of conviction and order of sentence have been passed, which has unsuccessfully been assailed, before the learned Appellate Court. He has also deposed that the matter has been settled between them, with regard to Cheque No.000004, dated 15.06.2016, amounting to Rs.1,00,000/. He has also deposed that the matter has been settled between them, with regard to Cheque No.000004, dated 15.06.2016, amounting to Rs.1,00,000/. According to him, he has no objection, if the present revision petition is allowed and the judgment of conviction and order of sentence are ordered to be set aside and the amount, so deposited by the petitioner, before the learned trial Court, be released in his favour. 8. 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 settlement, 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 no objection in case, the amount, so deposited by him, before the learned trial Court, is released in favour of the complainant. 9. 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. 10. 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. 11. Considering the statement of the parties, as well as, considering the fact that the matter has been amicably settled between the accused (petitioner) and the complainant, application, bearing CrMP No.1879 of 2025, is allowed and the petitioner is permitted to compound the offence. 12. Consequently, the present petition is allowed and the judgment of conviction dated 22.04.2024 and order of sentence dated 14.05.2024, passed by learned trial Court in Criminal Case No.353-3 of 2016, which has been affirmed by learned Appellate Court, in Criminal Appeal No.32-S/10 of 2024, vide judgment dated 30.07.2024, 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. 13. However, this order shall be, subject to the deposit of 5% of the cheque amount, as compounding fee. His personal and surety bonds are discharged. 13. However, this order shall be, subject to the deposit of 5% of the cheque amount, as compounding fee. 50% of the compounding fee be deposited with the H.P. State Legal Services Authority, Shimla and remaining 50% of the compounding fee be deposited with H.P. High Court Staff Welfare Organization, Shimla, within a period of eight weeks, from today. 14. 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 dated 22.04.2024 and order of sentence dated 14.05.2024, 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. The amount of Rs.1,00,000/-, deposited by the petitioner with the learned trial Court, be released in favour of complainant-Om Prakash, on making appropriate application, as per Rules. 15. Pending miscellaneous application(s), if any, shall also stand disposed of.