Dharmender Sharma vs Munshi Ram

                                                      1




              IN THE HIGH COURT OF HIMACHAL PRADESH
                              SHIMLA

                                         Cr. Revision No.137 of 2020




                                                                                .

                                         Date of Decision: March 16, 2021





    Dharmender Sharma                                                               ...Petitioner.

                                                  Versus

    Munshi Ram                                                                  ..Respondent.



    Coram:

    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.


    Whether approved for reporting?1

    For the Petitioner:                  Mr. G.R. Palsra, Advocate, alongwith
                                         petitioner Dharmender Sharma, present
                                         in person.



    For the Respondent:                  Mr.Prashant Sharma, Advocate.

    Vivek Singh Thakur, J. (oral)

Present Revision Petition has been filed assailing judgment dated 30.12.2019, passed by learned Additional Sessions Judge-II, Mandi, H.P. (Mandi Court), in Criminal Appeal No.89 of 2018, titled as Dharmender Sharma vs. Munshi Ram, whereby judgment and order of conviction dated 17.03.2018/05.05.2018, passed by learned Chief Judicial Magistrate, Mandi, H.P., in N.I. Act No.89-III/15/12, titled as Munshi Ram vs. Dharmender Sharma, convicting and sentencing the petitioner-accused to undergo simple imprisonment for one 1 Whether reporters of the local papers may be allowed to see the judgment?

year and to pay fine of `1,10,000/- to the complainant, has been affirmed.

2. Today, petitioner Dharmender Sharma is present in .

the Court, who has been duly identified by his learned counsel and his statement on oath has been also recorded separately.

3. In his statement, petitioner-Dharmender Sharma has stated that he has suffered judgments by the trial Court as well as First Appellate Court, whereby he has been awarded sentence of simple imprisonment for one year and to pay fine of `1,10,000/- to the complainant. He has further stated that he has deposited a sum of `10,000/- in the trial Court and a sum of `1,10,000/- in the Registry of this Court and now he does not want to contest the Revision Petition on merit, as he has settled the matter with the complainant-respondent, who has agreed to withdraw the complaint for compounding the case on receipt of entire amount of compensation i.e. `1,10,000/- deposited by him in the Registry of this Court. Therefore, he has agreed for release of amount of `1,10,000/- deposited by him in the Registry of this Court in favour of the complainant and remaining amount of `10,000/- deposited by him in the trial Court is to be refunded to him. He has further stated that he was earning his livelihood as a driver, but during Lockdown he has lost his job and now-a-days he is sitting idle and jobless at home and has arranged the payment of compensation amount to respondent by borrowing money from his near and dear and it will be difficult for him to arrange any other amount. Therefore, he has prayed for ::: Downloaded on - 17/03/2021 20:14:11 :::HCHP 3 exemption of the compounding fee. He has further stated that he has compromised the matter and has deposed in this Court, out of his free will, consent and without any external pressure, .

coercion or threat of any kind.

4. Mr. Prashant Sharma, Advocate, representing respondent-complainant, in his statement has deposed that he is duly authorized to compromise the matter on behalf of the respondent-complainant and to make statement in the Court. He has endorsed the statement made by Dharmender Sharma-

petitioner, recorded on oath today in this Court to be in consonance with instructions imparted to him by respondent-

complainant and, therefore, he on behalf of respondent-

complainant has communicated no objection for compounding the case after permitting the complainant to withdraw the complaint. He has stated that amount of compensation of `1,10,000/- be released in favour of the respondent-complainant by remitting the same in his Bank Account No.0921000300043042, Punjab National Bank, Rewalsar Branch, District Mandi, H.P. and amount of `10,000/- deposited by the petitioner in the trial Court is to be refunded to the petitioner. He has further stated that complainant has compromised the matter out of his free will, consent and without any external pressure, coercion or threat of any kind and that his aforesaid deposition is strictly in terms of instructions imparted to him by the respondent-complainant.

5. Consequently, complainant-respondent Munshi Ram is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonour of cheque .

under Section 138 of the Negotiable Instruments Act is permitted to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside.

Petitioner-accused is acquitted of the accusation framed against him.

6. Learned counsel for the petitioner submits that it is a fit case for exempting the petitioner from compounding fee, keeping in view ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663, as clarified in Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and another 2014 (10) SCC 690, as petitioner-Dharmender Sharma is jobless in these days and has arranged the amount of compensation with great difficulty by borrowing the same from his near and dear.

7. In the peculiar facts and circumstances of the case, I find that it is a fit case for exempting the compounding fee and accordingly the same is exempted.

8. Registry is directed to release amount deposited by petitioner-Dharmender Sharma in favour of respondent-Munshi Ram, by remitting the same in his bank account, mentioned above immediately.

9. The amount, if any, deposited by the petitioner in the trial Court is also directed to be released in his favour ::: Downloaded on - 17/03/2021 20:14:11 :::HCHP 5 (petitioner Dharmender Sharma), without issuing any notice to complainant Munshi Ram, by remitting the same in his Bank Account No.0921000101158228, Punjab National Bank, Branch .

Rewalsar, District Mandi, H.P., on production of certified/ downloaded copy of this judgment in the trial Court or receipt of copy of this order/judgment from Registry whichever is earlier.

10. Registry to transmit copy of this judgment to the trial Court.

11. Petition stands disposed of, in the aforesaid terms, so also pending application(s), if any.

Copy dasti on usual terms.

(Vivek Singh Thakur), Judge.

March 16, 2021 (Purohit) ::: Downloaded on - 17/03/2021 20:14:11 :::HCHP