IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 3RD DAY OF DECEMBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL REVISION No. 450 OF 2019
BETWEEN:-
OM SINGH SON OF SHRI VIJAY
SINGH, RESIDENT OF VILLAGE
DIBBER, POST OFFICE DEOTHI
MAJHGAON, TEHSIL RAJGARH,
DISTRICT SIRMOUR, H.P. ....PETITIONER
(BY SH. N.K. TOMAR, ADVOCATE)
AND
HARISH CHANDEL SON OF
SHRI TULSI RAM, RESIDENT OF
VILLAGE BAILA, POST OFFICE
JAIS, TEHSIL THEOG, DISTRICT
SHIMLA, H.P. ....RESPONDENT
(BY SMT. ARUNA CHAUHAN,
ADVOCATE).
Whether approved for reporting?
This petition coming on for orders this day, the Court delivered
the following:
JUDGMENT
Present Revision Petition has been filed assailing judgment, dated 15.6.2019, passed by learned Additional Sessions Judge-cum- Special Judge (CBI), Shimla, District Shimla, H.P., in Criminal Appeal Case No. 21-T/10 of 2015, whereby judgment/order dated 26.11.2015/2.12.2015, passed by learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P. in Case No. 127-3 of 2012, convicting and sentencing the petitioner-accused under Section 138 of Negotiable Instruments Act to undergo simple imprisonment for two ::: Downloaded on - 31/01/2022 23:23:02 :::CIS 2 months and to pay compensation of `3,70,000/- to the complainant, has been affirmed.
2. Petitioner/accused Om Singh is present in the Court today .
and his statement has been recorded on oath, wherein he has stated that the matter has been amicably settled with respondent Harish Chandel. He has further stated that amount of compensation is `3,70,000/-, but respondent has agreed to settle the dispute for payment of `40,000/- which has been paid by petitioner to respondent and in turn respondent/complainant has agreed to withdraw the complaint for compounding the case. He has prayed for compounding the matter and also for exempting him from payment of compounding fee for his poorness. He has further stated that he has deposed in this Court out of his free will, consent and also without any external pressure, coercion or threat of any kind.
3. Ms.Aruna Chauhan, Advocate, learned counsel for respondent/complainant, under instructions, in her statement recorded today in the Court, has stated that she is authorized and competent to make statement on behalf respondent and has instructions to communicate that matter has been amicably settled and statement made by the petitioner in the Court is true and correct, according to instructions imparted to her, and she has further instructions to seek permission to withdraw the complaint for compounding the case. According to her, she has deposed in consonance with the instructions imparted to him for compounding the case.
4. Consequently, respondent/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising ::: Downloaded on - 31/01/2022 23:23:02 :::CIS 3 out of dishonour of cheque, under Section 138 of the Negotiable Instruments Act, is treated to be withdrawn and judgments of conviction and sentence passed by the Courts below are quashed and set aside.
.
Petitioner-accused is acquitted of the accusation framed against him.
5. Learned counsel for the petitioner has prayed that keeping in view the poor financial condition of petitioner/accused and in view of ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663 as clarified by the Apex Court in Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and another 2014 (10) SCC 690, a lenient view be taken and the petitioner be exempted from payment of compounding fee.
6. Considering the entire facts and circumstances and ratio of law laid down by the Apex Court in aforesaid cases, instead of 15% of the cheque amount, petitioner/accused is directed to deposit `3,000/- as compounding fee with the H.P. State Legal Services Authority, Shimla on or before 28th February, 2022.
7. After depositing compounding fee/cost, petitioner shall place a copy of receipt of deposit of compounding fee on record of this petition. In case of default in depositing compounding fee/cost with the H.P. State Legal Service Authority, Shimla within eight weeks from today, the judgments of conviction and sentence shall automatically revive.
8. Petition stands disposed of, in the aforesaid terms, so also the pending application(s), if any.
9. Copy of this judgment be sent to H.P. State Legal Services Authority, Shimla.
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10. Parties are permitted to use downloaded copy from the High Court website for depositing the compounding fee with the H.P. Legal Services Authority, Shimla and for other purposes also. Concerned .
authority shall not insist for certified copy. Passing of order may be verified from High Court website.
Copy Dasti.
(Vivek Singh Thakur),
rd
3 December, 2021 Judge.
(Keshav)
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