IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 3rd DAY JANUARY, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL REVISION No. 02 OF 2022
Between:-
HIRDA RAM S/O SH. RANGI LAL, C/O
ARUN KUMAR, OPPOSITE SARSWATI
VIDYA MANDIR SCHOOL, VILLAGE
SALWALA, TEHSIL POANTA SAHIB,
DISTRICT SIRMOUR, H.P. AGED
ABOUT 46 YEARS.
r ..........PETITIONER
(BY MR. VINOD CHAUHAN, ADVOCATE)
AND
STATE BANK OF INDIA, A BODY
CORPORATE CONSTITUTED UNDER
STATE BANK OF INDIA ACT, 1955
THROUGH ITS BRANCH MANAGER,
SH. SANJAY RANA, MAIN BRNACH,
POANTA SAHIB, DISTRICT SIRMOUR,
H.P.
........RESPONDENTS
(BY MR. URGEN CHHOPEL, ASSISTANT
MANAGER, STATE BANK OF INDIA, BRANCH
OFFICE POATA SAHIB, DISTRICT SIRMOUR,
H.P. PRESENT IN PERSON)
___________________________________________________________
Whether approved for reporting: No
This petition coming on for HEARING this day, the
Court passed the following:-
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2
ORDER
Cr.M.P.(M) No. 2358 of 2022 .
Having heard learned Counsel for the applicant and having perused the averments made in the application, the same is allowed and delay in filing the petition is condoned as this Court is informed that the matter has been settled between the petitioner and the respondent-Bank. The application stands disposed of accordingly.
Criminal Revision No. 02 of 2022
2. Be registered.
3. With the consent of the parties, this petition is heard at this stage and is being disposed of today itself.
4. By way of this revision petition, the petitioner has challenged the judgment passed by the Court of learned Judicial Magistrate First Class, Court No. 2, Poanta Sahib, District Sirmour, H.P. in criminal complaint Case No. 419 of 2013, titled as State Bank of India vs. Hirdya Ram, which criminal case stood disposed of by the learned Trial Court vide judgment dated 23.07.2019, by sentencing the present petitioner, vide order of sentence dated 29.07.2019, to undergo simple imprisonment for a period of one year and to pay compensation to the tune of `1,20,000/- to the complainant, as well as the judgment passed in appeal by the Court of learned Additional Sessions Judge, ::: Downloaded on - 31/01/2022 23:32:09 :::CIS 3 Sirmaur at Nahan, District Sirmour, H.P. (Camp at Poanta Sahib), i.e. Criminal Appeal No. 89-N/10 of 2019, titled as Hirda .
Ram vs. State Bank of India, dated 11.12.2019, vide which, the judgment passed by learned Trial Court was upheld by the learned Appellate Court and the appeal filed by the present petitioner against the judgment passed by learned Trial Court was dismissed.
5. When this case was taken up for consideration today, learned Counsel for the petitioner submits that the petitioner has settled the matter with the bank concerned as the due and admissible amount stands paid to the bank.
6. Mr. Urgen Chhopel, Assistant Manager, State Bank of India, Branch Poanta Sahib, District Sirmour, H.P. who is present in person in the Court, informs the Court that due and admissible amount now stands paid to the bank by the petitioner and no dues certificate has also been issued in favour of the petitioner by the bank concerned.
7. Learned Counsel for the petitioner submits that in view of said development, it will be in the interest of justice, in case, this Court exercises its power of compounding the offence in terms of the judgment of Hon'ble Supreme Court of India in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 Supreme Court Cases 663. He further submits that as the petitioner has ::: Downloaded on - 31/01/2022 23:32:09 :::CIS 4 made good the amount due to the respondent, it will be in the interest of justice, in case, in terms of para-25 of the judgment .
of Hon'ble Supreme Court of India (supra), the compounding fee is modified, taking into consideration the peculiar facts of the case and the financial condition of the petitioner. He assures the Court that, in case, the offence is compounded by this Court, then, the compounding fee, as shall be ordered by the Court, shall be paid by the petitioner within the time so granted by the Court.
8. Having heard learned Counsel for the petitioner and taking into consideration the fact that the matter, which led to filing of the criminal case under Section 138 of the Negotiable Instruments Act, now stands settled between the parties, this Court orders the compounding of the offence in question, subject to the payment of compounding fee at the rate of 5% of the cheque amount by the petitioner, which shall be deposited with State Legal Service Authority, Shimla, within a period of eight weeks from today. As a consequence, the judgment as well as order of sentence passed by learned Judicial Magistrate First Class, Court No. 2, Poanta Sahib, District Sirmour, H.P. dated 23.07.2019/29.07.2019, as also the judgment passed in appeal by learned Additional Sessions Judge, Sirmour at Nahan, District Sirmour, H.P. (Camp at Poanta Sahib), dated ::: Downloaded on - 31/01/2022 23:32:09 :::CIS 5 11.12.2019, affirming the judgment of conviction and order of sentence passed by learned Trial Court, are ordered to be set .
aside. Let a compliance affidavit with regard to deposit of 5% of the cheque amount, as ordered above, with State Legal Service Authority, Shimla, be thereafter filed by the petitioner within two weeks, with the Registrar (Judicial).
The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.
(Ajay Mohan Goel)
r Judge
January 03, 2022
(narender)
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