Sh. Mohan Lal vs Dharmender Kumar
2021 Latest Caselaw 4189 HP

                                      1



      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                    ON THE 26th DAY OF AUGUST, 2021




                                                             .
                                  BEFORE





                HON'BLE MR. JUSTICE AJAY MOHAN GOEL

                    CRIMINAL REVISON No. 230 of 2020





    Between:-

    SH. DHARMENDER KUMAR SON OF





    SH. MOHAN LAL, R/O VILL. & P.O.
    GOELA, TEHSIL KASAULI, DISTRICT
    SOLAN, (H.P.) AGED ABOUT 34
    YEARS,             OCCUPATION
    AGRICULTURIST.
                      r                             ..........PETITIONER

    (BY SH. RAJESH KUMAR PARMAR, ADVOCATE)

    AND



    THE HIMACHAL PRADESH STATE CO-
    OPERATIVE    AGRICULTURE     AND
    RURAL DEVELOPMENT BANK LTD




    CHANDI BRANCH, TEHSIL KASUALI,
    DISTRICT SOLAN (H.P.) THROUGH ITS





    BRANCH MANAGER.
                                                    ........RESPONDENT





    (BY MR. NARENDER SINGH           THAKUR,
    ADVOCATE)
    ___________________________________________________________

                Whether approved for reporting:     No

                This petition coming on for orders this day, the Court

    passed the following:-

                                 ORDER

By way of this revision petition, the petitioner has

challenged the judgment passed by the Court of learned

.

Additional Chief Judicial Magistrate, Kasauli, District Solan,

H.P. in criminal complaint Case No. 361/3 of 2018, titled as The

Himachal Pradesh State Co-operative Agriculture and Rural

Development Bank Ltd. Chandi Branch vs. Dharmender Kumar,

dated 30.10.2019, which criminal case stood disposed of by the

learned Trial Court by sentencing the present petitioner, vide

order of sentence dated 11.11.2019, to undergo simple

imprisonment for a period of three months and to pay

compensation to the tune of `1,25,000/- to the complainant, in

view of the fact that cheque in issue was issued in the year

2018, as well as the judgment passed by the Court of learned

Sessions Judge, Solan, District Solan, H.P. 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.

2. The Court stands informed that during the pendency

of the revision petition, the matter has been amicably settled

between the petitioner and the respondent-Bank and the entire

due amount stands paid by the petitioner to the bank

concerned. This fact is not disputed by learned Counsel

appearing for the respondent-Bank.

.

3. 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

made good the amount due to the respondent-Bank, 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.

4. 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 10% of

the cheque amount by the petitioner, which shall be deposited

by the petitioner 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

Additional Chief Judicial Magistrate, Kasauli, dated 30.10.2019/

11.11.2019 as also judgment passed in appeal by learned

Sessions Judge, Solan, H.P. dated 05.03.2020, are ordered to be

set aside. Let a compliance affidavit in this regard be thereafter

filed by the petitioner within two weeks, with the Registrar

(Judicial).

5. The petition stands disposed of in above terms, so

also pending miscellaneous application(s), if any.

Copy dasti.

(Ajay Mohan Goel) Judge August 26, 2021

(narender