Date Of Decision: 07.08.2024 vs Ravi Kant

Himachal Pradesh High Court

Date Of Decision: 07.08.2024 vs Ravi Kant on 7 August, 2024

Author: Sandeep Sharma

Bench: Sandeep Sharma

2024:HHC:6501 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. 484 of 2024 Date of Decision: 07.08.2024 .

_______________________________________________________ Ranjeet @ Jeet .......Petitioner Versus Ravi Kant ... Respondent _______________________________________________________ Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner:

For the Respondent: to Mr. H.S.Rangra, Advocate.

Mr. Ashwani Kumar, Advocate. _______________________________________________________ Sandeep Sharma, Judge(oral):

Instant Revision Petition filed under Section 438/442 of Bharatiya Nagarik Suraksha Sanhita, 2023, lays challenge to judgment dated 03.06.2024 passed by learned Sessions Judge, Mandi, District Mandi, Himachal Pradesh in Cr. Appeal No. 25 of 2024, affirming the judgment of conviction and order of sentence dated 06.01.2024 passed by learned Judicial Magistrate, First Class, Court No.3, Mandi, District Mandi, Himachal Pradesh in criminal complaint No. 62 of 2018, whereby learned trial Court, while holding the petitioner-accused (hereinafter, 'accused') guilty of having committed offence punishable under S. 138 of the Negotiable Instruments Act, (for short 'Act') convicted and sentenced him to 1 Whether the reporters of the local papers may be allowed to see the judgment?

2024:HHC:6501 undergo simple imprisonment for a period of four months and pay compensation to the tune of Rs.5,50,000/- to the respondent-

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complainant (hereinafter, 'complainant').

2. Precisely, the facts of the case, as emerge from the record are that the respondent-complainant instituted a complaint under Section 138 of the Act in the competent Court of law, alleging therein that cheque bearing No.008958, dated 23.09.2017, amounting to Rs.3,20,000/- drawn on IDBI Bank, Mandi, District Mandi, Himachal Pradesh, having been issued by the petitioner-accused towards discharge of his lawful liability was dishonoured on account of insufficient funds in the bank account of the accused. Since, despite having received legal notice, accused failed to make the payment good well within stipulated time, complainant was compelled to initiate proceedings under Section 138 of the Act in the competent Court of law, which subsequently, on the basis of evidence adduced on record by the respective parties, held the accused guilty of having committed offence punishable under S. 138 of Act and accordinigly convicted and sentenced him as per description given herein above.

3. Though, being aggrieved and dissatisfied with aforesaid judgment of conviction and order of sentence passed by learned trial Court, accused preferred an appeal in the court of learned Sessions Judge, Mandi, District Mandi, H.P, but same was dismissed vide ::: Downloaded on - 07/08/2024 20:33:49 :::CIS 3 2024:HHC:6501 judgment dated 03.06.2023. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein .

for his acquittal after setting aside judgments of conviction and order of sentence passed by both the learned Courts below.

4. Vide order dated 31.07.2024, this Court suspended the substantive sentence imposed upon the accused by learned trial Court, subject to the petitioner-accused depositing 50% of the compensation amount and furnishing bail bonds in the sum of Rs. 50,000/-, with one surety of the like amount to the satisfaction of learned trial Court.

5. Before the case at hand could be heard and decided on its own merit, petitioner has entered into the compromise with the respondent-complainant, whereby they have resolved to settle their dispute amicably interse them. On account of the compromise, petitioner filed an application bearing Cr.MP No.3232 of 2024, under Section 147 of the Act, praying therein for compounding the offence.

6. Today, during the proceedings of the case, learned counsel representing the petitioner states that the petitioner has entered into the compromise with the respondent-complainant, whereby they have resolved to settle their dispute amicably. He states that sum of Rs. 1,45,000/- has been already paid to the complainant, whereas sum of Rs. 1,65,000/- lying deposited with the ::: Downloaded on - 07/08/2024 20:33:49 :::CIS 4 2024:HHC:6501 learned trial Court can be ordered to be released in favour of the respondent-complainant and thereafter this Court, while exercising .

power under Section 147 of the Act, may proceed to compound the offence and acquit the accused of charge framed against him under Section 138 of the Act.

7. Mr. Ashwani Kumar, learned counsel representing the respondent-complainant submits that respondent-complainant shall have no objection in compounding the offence in case, amount lying deposited with the learned trial Court, is ordered to be released in his favour.

8. Having taken note of the fact that entire amount of compensation has been agreed to be paid to the respondent-

complainant and respondent-complainant has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence, while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon'ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, wherein it has been categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction.

2024:HHC:6501

9. Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction .

and order of sentence passed by the courts below are set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Interim order, if any, is vacated.

10. The petitioner-accused is directed to deposit 2% of the cheque amount with the H.P. State Legal Service Authority as compounding fee within a period of four weeks, failing which, he shall render himself liable for penal consequences as well as contempt of the Court.

11. Learned trial Court is directed to release the amount lying deposited with it in favour of the respondent-complainant on his filing appropriate application.

(Sandeep Sharma), Judge August 07,2024 (shankar) ::: Downloaded on - 07/08/2024 20:33:49 :::CIS