Arvind Kumar vs Kanwaljit Singh @ Bhola & Another
2021 Latest Caselaw 3507 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH
                       SHIMLA
                                                           Cr. Revision No. 350 of 2014




                                                                                .
                                                           Decided on : 4.8.2021





    Arvind Kumar                                                             .....Petitioner.
                         Versus





    Kanwaljit Singh @ Bhola & another                                       ....Respondent.
    Coram:
    The Hon'ble Mr. Justice Sureshwar Thakur, Judge.

    Whether approved for reporting?1

    For the Petitioner:
                           r                 to   Mr. Vinod Thakur, Advocate.

    For the Respondents:                          Mr. S.D Vasudeva, Advocate, for
                                                  respondent No.1.

                                                  Mr. Ashwani Sharma, Addl.A.G


                                                  with Mr. Vikrant Chandel and Mr.
                                                  Gaurav Sharma, Dy.A.Gs for
                                                  respondent No.2.




    Sureshwar Thakur, Judge (oral)

The petitioner/accused and respondent

No.1/complainant both recorded their statements on oath

before this Court. The petitioner/accused has made a

signatured testification that he is ready and willing to

constrain this Court to make an order, for release of a sum

of Rs. 88,000/- lying deposited in the establishment of the

learned trial Magistrate, vis-a-vis respondent No.1. Further,

Whether reporters of the local papers may be allowed to see the judgment?

...2...

he has also made a testification that in case an FDR with

.

respect to a sum of Rs. 80,000/- is not drawn by the

establishment of the learned trial Magistrate, thereupon, he

is ready and willing to, within one week from today,

liquidate to respondent No.1/complainant, the interest

accrue-able at the bank rate on the afore sum and

commencing from the date of commission of offence.

2. The afore made statement on oath before this

Court by the petitioner/accused is accepted by the

respondent/complainant under a separate signatured

testification made before this Court.

3. In view of the above, the offence arising from

dishonour of Negotiable Instrument is ordered to be

compounded, and, the Revision petition is accordingly

disposed of, and, the impugned judgment(s)/order(s), stand

quashed and set aside. The accused stands acquitted of

the offences charged. A sum of Rs.80,000/- lying deposited

in the establishment of learned trial Magistrate, if in the

shape of an FDR, is ordered to be released in favour of the

...3...

respondent No.1/complainant alongwith interest accrued

.

thereon, by remitting the same in his savings bank account.

Also a sum of Rs.8000/- lying deposited in the establishment

of learned trial Magistrate, is also ordered to be released in

favour of respondent No.1/complainant by remitting the

same in his savings bank account.

4. However, the aforesaid order shall take effect

only upon the petitioner/accused, within six weeks from

today, depositing 15% of the amount, comprised in the

dishonored Cheque, before the H.P State Legal Services

Authority.

5. Even though this Court is under a legal obligation

to, on account of the belated endevour of the

petitioner/accused to seek an order for compounding, the

offence arising out of dishonor of negotiable instrument, to

levy a penalty comprised in 15% of the cheque amount.

However, accepting the prayer made before this Court by

the learned counsel for the petitioner/accused, that the

latter is disabled and is incapacitated to rear any earnings,

...4...

thereupon the per centum of penalty is reduced to 9% of

.

the cheque amount.

6. Consequently, aforesaid order shall take effect

only upon the petitioner/accused, within six weeks,

depositing 9% of the amount, comprised in the dishonored

Cheque, before the H.P State Legal Services Authority. In

addition, the afore order shall be subject to a condition

that in case an FDR equivalent to a sum of Rs. 80,000/- is not

drawn by the Establishment of the learned trial Magistrate,

thereupon the petitioner/accused shall within a week from

today liquidate to the respondent No.1/complainant

interest accruing thereon at the prevalent bank rates.

All pending applications stand disposed of

accordingly.

    4th August, 2021                       ( Sureshwar Thakur ),
    (priti)                                   Judge.