Hardeep Thakur vs Smt. Ravina Devi
2021 Latest Caselaw 3579 HP

                                                                   1

                 IN         THE            HIGH COURT OF HIMACHAL
                                           PRADESH, SHIMLA
                                                                          Cr. Revision No.40 of 2021
                                                                          Date of Decision: 5.8.2021




                                                                                               .
    ---------------------------------------------------------------------------------------------





    Hardeep Thakur                                                                         .........Petitioner

                                                         Versus





    Smt. Ravina Devi                                                                         ....Respondent

    ---------------------------------------------------------------------------------------------
    Coram
    Hon'ble Mr. Justice Sandeep Sharma, Judge.





    Whether approved for reporting1?
    ----------------------------------------------------------------------------------------------------------------
    For the Petitioner:                       Mr. Parveen Chandel, Advocate.
    For the Respondent:                       Mr. Jai Dev Thakur, Advocate.


                            Through video-conferencing
    ---------------------------------------------------------------------------------------------
    Sandeep Sharma, J. (Oral)

Instant Criminal Revision Petition filed under Section

397 read with Section 401 of the Code of Criminal Procedure, lays

challenge to judgment dated 9.1.2020, passed by learned

Additional Sessions Judge-II, Shimla, camp at Rohru, District

Shimla, Himachal Pradesh, in Criminal Appeal No.17-R/10 of

2018, affirming the judgment of conviction and order of sentence

dated 2.11.2018, passed by learned Additional Chief Judicial

Magistrate, Court No.1, Rohru, District Shimla, H.P., in case

No.135-3 of 2017, whereby learned court below while holding

petitioner-accused guilty of having committed an offence

punishable under Section 138 of the Negotiable Instruments Act,

1Whether reporters of the Local papers are allowed to see the judgment?

convicted and sentenced him to undergo simple imprisonment for

a period of six months and to pay compensation to the tune of Rs.

.

1,00,000/- to the complainant in lieu of dishonoured cheque.

2. Precisely, the facts of the case as emerge from the

record are that the respondent (hereinafter referred to as the

complainant) instituted a complaint under Section 138 of the

Negotiable Instruments Act (for short Act) before the Court of

learned Additional Chief Judicial Magistrate, Court No.1, Rohru,

District Shimla, H.P., alleging therein that during the apple

season in the year 2017, accused purchased 112 apple boxes from

her for consideration of Rs. 84,000/-. Complainant alleged that

accused with a view to discharge his aforesaid liability, issued

cheque bearing No.897656, dated 20.9.2017, amounting to Rs.

84,000/-, drawn on the Punjab National Bank, Chirgaon. District

Shimla in her favour, but fact remains that aforesaid cheque was

dishonoured on its presentation on account of insufficient funds in

the account of the accused. Since, the accused failed to make the

payment good despite having received statutory notice,

complainant was compelled to initiate proceedings under Section

138 of the Act, in the appropriate Court of law.

3. Learned trial Court on the basis of the evidence

adduced on record by the respective parties held accused guilty of

having committed the offence punishable under Section 138 of the

Act and accordingly, convicted and sentenced him as per the

description given hereinabove.

.

4. Being aggrieved and dissatisfied with the aforesaid

judgment of conviction and order of sentence recorded by learned

trial Court, petitioner- accused preferred an appeal in the Court of

learned Additional Sessions Judge-II, Shimla, camp at Rohru,

District Shimla, H.P., which came to be registered as Criminal

Appeal No. 17-R/10 of 2018, however fact remains that same was

dismissed, as a result of which, judgment of conviction and order

of sentence recorded by learned trial court came to be upheld. In

the aforesaid backdrop, accused approached this Court in the

instant proceedings, praying therein for his acquittal after setting

aside the judgment of conviction recorded by learned trial Court.

5. Vide order dated 17.3.2021, this Court while

suspending the substantive sentence imposed by learned court

below, directed the accused to deposit entire amount of

compensation within a period of four weeks and furnish personal

bond in the sum of Rs.10,000/- with one surety in the like amount

to the satisfaction of learned trial Court, but till date aforesaid

order has been not complied with.

6. Today, during the proceedings of the case, learned

counsel representing the petitioner has placed on record

compromise arrived interse petitioner and the

respondent/ complainant, perusal whereof reveals that sum of Rs.

79,000/- in cash has been paid to the complainant by the accused,

.

whereas accused has also agreed that sum of Rs.25,000/- lying

deposited in the trial Court, shall also be released in favour of the

respondent/complainant.

7. Mr. Jai Dev Thakur, learned counsel representing the

respondent-complainant while fairly acknowledging the factum

with regard to aforesaid compromise arrived interse parties,

submits that since respondent/complainant has received entire

amount of compensation awarded by learned trial court, he shall

have no objection in case this Court compounds the offence while

exercising power under Section 147 of the Negotiable Instruments

Act. Compromise, as taken note hereinabove, is taken on record.

8. Since both the parties have entered into the

compromise and sum of Rs. 79,000/-stands already paid to the

respondent/ complainant coupled with the fact that petitioner has

also given his consent to release sum of Rs.25,000/- lying deposited

in the trial Court in favour of the respondent/complainant, there

appears to be no impediment in accepting the prayer made on

behalf of the petitioner that case at hand can be ordered to be

compounded while exercising power under section 147 of the

Negotiable Instruments Act. Hon'ble Apex Court in Damodar S.

Prabhu case, has categorically held that Court, while exercising

power under Section 147 of the Act, can proceed to compound the

offence even after recording of conviction by the courts below.

.

9. Accordingly, in view of the aforesaid discussion made

hereinabove, instant matter is ordered to be compounded and

judgments passed by learned Courts below are quashed and

set-aside. The petitioner-accused is acquitted of the charge framed

against him under Section 138 of the Act. The bail bonds of the

accused are ordered to be discharged.

10. rLearned trial Court below is directed to release the

amount deposited by the petitioner-accused in favour of the

complainant forthwith, by remitting the same in her saving bank

account, detail whereof shall be furnished within a period of ten

days by counsel representing the respondent/complaint.

The petition is disposed of along with pending applications, if

any.

     5th August, 2021                                    (Sandeep Sharma),





            (shankar)                                          Judge