Narender Kumar vs Mahesh Sharma

Jiya Lal Bhardwaj, J

Cr.MP(M) No. 2463 of 2025.

Heard.

By way of present application, the applicant/petitioner has prayed for condonation of delay in filing the revision petition. Learned counsel for the respondent does not want to file any reply to the application, in view of the fact that the matter has been settled between the applicant/petitioner and the respondent.

Since, the matter has been amicably settled between the parties, the application for condonation of delay is allowed and delay in filing the revision petition is condoned. The application stands accordingly disposed of.

Cr. Revision No. 222 of 2026.

Be registered.

Learned counsel for the parties submits that in view of the compromise entered between the parties, the matter may be heard and disposed of at the admission stage.

In view of the fact that the matter has been amicably resolved between the parties, the petition is heard and disposed of at admission stage.

By way of instant revision petition, the petitioner has prayed for quashing of judgment of conviction dated 20.06.2024 passed by learned Additional Chief Judicial Magistrate, Shimla, District Shimla, H.P. in Complaint Registration No. 134 of 2018, titled Mahesh Sharma vs. Narender Kumar and order of sentence dated 25.06.2024, whereby the petitioner has been ordered to undergo simple imprisonment for a period of six months for commission of offence punishable under Section 138 of the Negotiable Instruments Act and also to pay compensation in the sum of Rs.5,00,000/- to the respondent/complainant.

The petitioner feeling aggrieved by the said judgment of conviction and order of sentence passed by learned Additional Chief Judicial Magistrate, Shimla, District Shimla, H.P. had preferred appeal before the learned Sessions Judge, Shimla, District Shimla, H.P., which was registered as Criminal Appeal No. 110-S/10 of 2024, titled, Narender Kumar vs. Mahesh Sharma, which was dismissed on 8th April, 2025.

After the decision of the appeal preferred by the petitioner, he has paid the amount of compensation as awarded by the learned trial Court to the respondent/complainant. Statement of the respondent/complainant to this effect has been recorded separately today in which he has admitted that the entire amount of compensation has been received by him. Since, the matter has been set at rest and the petitioner has paid the entire compensation amount, no fruitful purpose will be served by keeping the present revision petition alive and directing the petitioner to undergo the sentence as awarded against him.

Keeping in view the fact that the parties have amicably settled the matter and the entire compensation amount has been paid by the petitioner to the respondent/complainant, the judgment of conviction dated 20.06.2024 and order of sentence dated 25.06.2024 passed by the learned Additional Chief Judicial Magistrate, Shimla, District Shimla, H.P. in Complaint Registration No. 134 of 2018, titled Mahesh Sharma vs. Narender Kumar are quashed and set aside and the petitioner is acquitted of the commission of offence under Section 138 of the Negotiable Instruments Act, provided that the petitioner shall deposit 10% of the cheque amount i.e. Rs.30,000/- with the H.P. State Legal Services Authority, Shimla-171009 within four weeks from today. In case, the petitioner does not deposit the said amount within four weeks from today, the order of conviction and sentence passed by the learned trial Court shall be revived.

The instant petition stands disposed of in the above terms.

Pending applications, if any, are also disposed of.