Himachal Pradesh High Court
CRMMO/590/2025 of GILU @ GULAB CHAND Vs STATE OF HP AND ANOTHER on 23 April 2026
Chand Vs. State of H.P. & Anr. Cr. MMO No. 590 of 2025 23.04.2026 Present: Mr. Rajesh Mandhotra, Advocate for the petitioner. Mr. Lokender Kutlehria, Additional Advocate General, for respondents No.1/State. Mr. Suresh Singh Saini, Advocate, for respondent No.2. A receipt of ₹45,000/- being
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Gilu @ Gulab Chand Vs. State of H.P. & Anr. Cr. MMO No. 590 of 2025 23.04.2026 Present: Mr. Rajesh Mandhotra, Advocate for the petitioner. Mr. Lokender Kutlehria, Additional Advocate General, for respondents No.1/State. Mr. Suresh Singh Saini, Advocate, for respondent No.2. A receipt of ₹45,000/- being the 7.5% of the cheque amount of ₹6,00,000/- has been placed on record. Learned counsel for respondent No.2/complainant, under instructions, submits that the matter has been compromised between the parties and he has no objection in case the present application is allowed. Hon’ble Division Bench of this Court held in Chune Ram vs. Brikam Chand, 2025:HHC:38122 that the High Court can quash conviction even after it has attained finality and even when no proceedings are pending before any Court while exercising jurisdiction under Section 528 of Bhartiya Nagrik Suraksha Sanhita (BNSS) in cases under Section 138 of Negotiable Instruments Act based on the compromise. Therefore, in view of the binding precedent of this Court, the present petition is allowed, judgment of conviction and order of sentence dated 09.09.2022 passed by learned Judicial Magistrate First Class, Manali, District Kullu as afÏrmed by Ld. Sessions Judge, Kullu, District Kullu on 25.05.2023 and modified by this Court in Gillu @ Gulab Chand Vs. Krishna Devi 2025:HHC:10809 are ordered to be quashed as per the compromise effected between the parties. It has been submitted that an amount of ₹3,25,000/- has been deposited before the learned Judicial Magistrate, First Class, Manali, District Kullu, H.P., which are to be disbursed to respondent No.2/complainant, as per the compromise. It has been stated that no other amount has been deposited. Hence, it is ordered that the amount of ₹3,25,000/- deposited before the learned Judicial Magistrate, First Class, Manali, District Kullu be disbursed to respondent No.2/complainant by remitting the same to her savings bank account on furnishing of the bank account details, if not furnished earlier. In view of the above, the present petition is disposed of, so also the pending miscellaneous application(s), if any. (Rakesh Kainthla)
Judge
23rd April, 2026 (Kiran)