Rattan Chand vs Talab Deen

Virender Singh, J

Petitioner – Rattan Chand has filed the present Criminal Revision against the judgment dated 30.04.2025, passed by the learned Sessions Judge, Chamba, District Chamba, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No. 19 of 2025, titled as ‘Rattan Chand Vs Talab Deen’.

By way of judgment dated 30.04.2025, the learned Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction dated 05.02.2025 and order of sentence dated 22.02.2025, passed by the Court of learned Judicial Magistrate First Class, Tissa, District Chamba, H.P., (hereinafter referred to as the ‘trial Court’), in Criminal Comp. No. 30/2023, titled as ‘Talab Deen Vs Rattan Chand’.

Vide judgment of conviction dated 05 02 2025 and order of sentence dated 22.02.2025, the learned trial Court has convicted the petitioner, or the offence, punishable under Section 138 f the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’) and sentenced him to unde go simple imprisonment, for a period of one month and to pay a fine/compensation of Rs. 25,000/­ to the c mplainant.

After dismissal of the appeal by the learned Appellate Court, the present Criminal Revision has been preferred.

During the pendency of the present petition, the parties have settled the matter. Thereafter, the petitioner has filed application bearing Cr.MP No. 4408 of 2025, for permitting the parties to compound the offence, on the ground that the matter has been settled between them.

Statements of the petitioner (through video conferencing), as well as, the learned Counsel for the respondent, have been recorded, in which, they both have deposed that the dispute with regard to Cheque No. 881739, dated 20.05.2023, has been settled between the parties.

Today, the accused (petitioner) is present before this Court through video conferencing. e has deposed that he has been convicted and sentenced by the learned trial Court vide judgment of convicti n dated 05.02.2025 and order of sentence dated 22.02.2025.

Against the said judgment of conviction and order of sentence, the petitioner had filed the appeal before the learned Appellate Court and the learned Appellate Court has dismissed his appeal. Now, he is before this Court, by way of the present Criminal Revision.

In addition to this, the accused (petitioner) has also submitted that during the pendency of the Criminal Revision, the matter has been compromised between him and the complainant and he has no objection in case Rs. 5,100/­ deposited before the learned trial Court is released in favour of the respondent.

The petitioner­accused has also deposed that on the basis of the said compromise, the present petition may kindly be allowed by setting aside the judgment of conviction and order of sentence, referred to above, and he may kindly be acquitted of the charge.

Learned Counsel for the respondent has also made the similar statement. He has deposed that the respondent has no objection, in case, the present petition is allowed and the petitioner­accused is acquitted by setting aside the judgment of convicti n dated 05.02.2025 and order of sentence dated 22.02.2025, and the sum of Rs. 5,100/­ may be released in favour of the respondent.

On the basis of the above statements, one thing is clear that the matter has been settled between the parties and in pursuance of the said settlement, complainant has received the entire amount of compensation from the petitioner.

According to the respondent­complainant, the dispute with regard to Cheque No. 881739 dated 20. 05.2023, has been settled between the parties.

Since, the matter, with regard to cheque, in question, has been settled between the parties, as such, the application, bearing Cr.MP No. 4408 of 2025, is allowed and the parties are permitted to compound the offence.

Considering the fact that the application for compounding of the offence has been allowed, the present petition is allowed and the judgment of conviction dated 5. 02.2025 and order of sentence dated 22.02.2025, passed by learned trial Court in Comp. 138 N I Act No. 30/2023, which has been affirmed by learned Appellate Court, in Criminal Appeal No. 19/2025, vide judgment dated 30.04.2025, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 NI Act. His personal and su ety bonds are discharged.

However, this order shall be subject to deposit of 15% of the cheque amount, as compounding fee, within a period of four weeks from today. In view of the request made by learned Counsel for the petitioner­accused, the compounding fee be deposited with the Chairman, Taluka Level Legal Services Authority, Tissa, District Chamba, H.P. within a period of four weeks from today.

It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within four weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction dated 05.02.2025 and order of sentence dated 22.02.2025, 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. 5,100/­, deposited by the petitioner­accused before the learned trial Court, is ordered to be released in favour of the complainant­respondent.

Pending miscellaneous applications, if any, shall also stand disposed of.