(Oral):

1. By way of present petition, the petitioner has laid challenge to the judgment of conviction and order of sentence dated 26.05.2023 passed by the learned Judicial Magistrate First Class, Jaisinghpur, District Kangra, H.P. in RBT Criminal Complaint No.31-III/2022, titled, The Kangra Central Cooperative Bank Ltd. vs. Ranbir Singh, which has been affirmed by the learned Additional Sessions Judge, Palampur, District Kangra, H.P. vide judgment dated 27.12.2024.

2. Learned counsel for the parties submitted that the revision petition can be decided on the basis of material on record. As per their request, the revision petition is heard and decided at the admission stage.

3. The learned trial Court had convicted the petitioner for the commission of offence punishable under Section 138 of the Negotiable Instruments Act vide judgment dated 26.05.2023 and thereafter vide order of the same date, sentenced him to undergo simple imprisonment for a period of six months and further directed him to pay compensation of Rs.5,00,000/- to the respondent/complainant.

4. The appeal preferred by the petitioner has been dismissed on 27.12.2024.

5. The petitioner after dismissal of appeal has now deposited an amount of Rs.4,00,000/- with the respondent- Bank on 30.01.2026, which fact has not been disputed by learned vice counsel for the respondent-Bank. Learned counsel for the petitioner had also submitted that the petitioner has already deposited a sum of Rs.1,00,000/- before the learned trial Court, which fact too has not been disputed by the learned vice counsel for the respondent.

6. Learned vice counsel for the respondent has submitted that he has instructions from the original counsel. He further submitted that since the amount, which was the subject matter of the complaint, has already been paid by the petitioner, he has instruction from the respondent-Bank that in case the judgment of conviction and order of sentence imposed upon the petitioner is quashed, the respondent-Bank has no objection. However, he submitted that the amount of Rs.1,00,000/- deposited in the trial Court be released in favour of the respondent-Bank for which the learned counsel for the petitioner has no objection.

7. Learned counsel appearing for the petitioner has submitted that after the dismissal of the appeal preferred against the judgment of conviction and order of sentence passed by the learned trial Court, the petitioner has been arrested on 27.01.2026, though in the application, the date has been mentioned as 27.12.2025.

8. Keeping in view the fact that the petitioner has deposited the entire amount of compensation in terms of the trial Court order coupled with the fact that the respondent- Bank has no objection to quash the judgment of conviction and order of sentence, it is ordered that the judgment of conviction and order of sentence dated 26.05.2023 passed by the learned Judicial Magistrate First Class, Jaisinghpur, District Kangra, H.P. in RBT Criminal Complaint No.31-III/2022, titled, The Kangra Central Cooperative Bank Ltd. vs. Ranbir Singh, are quashed and set aside and the petitioner is acquitted of the offence.

9. Learned counsel for the petitioner has submitted that the petitioner is undergoing sentence in the instant case and is presently lodged in Open Air Jail, Dharamshala, District Kangra, H.P. Since the instant revision petition filed by the petitioner has been allowed and the judgment of conviction and order of sentence dated 26.05.2023 passed by the learned Judicial Magistrate First Class, Jaisinghpur, District Kangra, H.P. in RBT Criminal Complaint No.31- III/2022, titled, The Kangra Central Cooperative Bank Ltd. vs. Ranbir Singh, which has been affirmed by the learned Additional Sessions Judge, Palampur, District Kangra, H.P. vide judgment dated 27.12.2024, have been quashed and set aside and the petitioner has been acquitted for the commission of offence, the Superintendent, Open Air Jail, Dharamshala, District Kangra, H.P., is directed to release him forthwith, if not required in any other case.

10. The petitioner is directed to deposit 10% of the cheque amount i.e. Rs.40,000/- as compounding fee with the H.P. State Legal Services Authority, Shimla, H.P. within a period of four weeks from today.

11. It is further clarified that in case of failure to deposit the compounding fee, within the prescribed period, the revision petition shall be deemed to have been dismissed and judgment of conviction and order of sentence, shall revive automatically, and the petitioner (accused) shall surrender before the learned trial Court to serve out the substantive sentence, imposed upon him by the learned trial Court.

12. Accordingly, the present revision petition is allowed in the aforesaid terms.

13. The pending applications, if any, also stand disposed of.

Before parting with the present order, it is made clear that the amount deposited by the petitioner in the complaint shall be released to the respondent-Bank.