Himachal Pradesh High Court
Majhgaon vs Unknown on 3 December, 2021
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 3RD DAY OF DECEMBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL REVISION No. 450 OF 2019
BETWEEN:-
OM SINGH SON OF SHRI VIJAY
SINGH, RESIDENT OF VILLAGE
DIBBER, POST OFFICE DEOTHI
MAJHGAON, TEHSIL RAJGARH,
DISTRICT SIRMOUR, H.P. ....PETITIONER
(BY SH. N.K. TOMAR, ADVOCATE)
AND
HARISH CHANDEL SON OF
SHRI TULSI RAM, RESIDENT OF
VILLAGE BAILA, POST OFFICE
JAIS, TEHSIL THEOG, DISTRICT
SHIMLA, H.P. ....RESPONDENT
(BY SMT. ARUNA CHAUHAN,
ADVOCATE).
Whether approved for reporting?
This petition coming on for orders this day, the Court delivered
the following:
JUDGMENT
Present Revision Petition has been filed assailing judgment,
dated 15.6.2019, passed by learned Additional Sessions Judge-cum-
Special Judge (CBI), Shimla, District Shimla, H.P., in Criminal Appeal
Case No. 21-T/10 of 2015, whereby judgment/order dated
26.11.2015/2.12.2015, passed by learned Additional Chief Judicial
Magistrate, Theog, District Shimla, H.P. in Case No. 127-3 of 2012,
convicting and sentencing the petitioner-accused under Section 138 of
Negotiable Instruments Act to undergo simple imprisonment for two
months and to pay compensation of `3,70,000/- to the complainant, has
been affirmed.
2. Petitioner/accused Om Singh is present in the Court today
.
and his statement has been recorded on oath, wherein he has stated
that the matter has been amicably settled with respondent Harish
Chandel. He has further stated that amount of compensation is
`3,70,000/-, but respondent has agreed to settle the dispute for payment
of `40,000/- which has been paid by petitioner to respondent and in turn
respondent/complainant has agreed to withdraw the complaint for
compounding the case. He has prayed for compounding the matter and
also for exempting him from payment of compounding fee for his
poorness. He has further stated that he has deposed in this Court out of
his free will, consent and also without any external pressure, coercion
or threat of any kind.
3. Ms.Aruna Chauhan, Advocate, learned counsel for
respondent/complainant, under instructions, in her statement recorded
today in the Court, has stated that she is authorized and competent to
make statement on behalf respondent and has instructions to
communicate that matter has been amicably settled and statement
made by the petitioner in the Court is true and correct, according to
instructions imparted to her, and she has further instructions to seek
permission to withdraw the complaint for compounding the case.
According to her, she has deposed in consonance with the instructions
imparted to him for compounding the case.
4. Consequently, respondent/complainant is permitted to
withdraw the complaint and matter is compounded and complaint arising
out of dishonour of cheque, under Section 138 of the Negotiable
Instruments Act, is treated to be withdrawn and judgments of conviction
and sentence passed by the Courts below are quashed and set aside.
.
Petitioner-accused is acquitted of the accusation framed against him.
5. Learned counsel for the petitioner has prayed that keeping
in view the poor financial condition of petitioner/accused and in view of
ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs.
Sayed Babalal H. 2010 (5) SCC 663 as clarified by the Apex Court in
Madhya Pradesh State Legal Services Authority Vs. Prateek Jain
and another 2014 (10) SCC 690, a lenient view be taken and the
petitioner be exempted from payment of compounding fee.
6. Considering the entire facts and circumstances and ratio of
law laid down by the Apex Court in aforesaid cases, instead of 15% of
the cheque amount, petitioner/accused is directed to deposit `3,000/- as
compounding fee with the H.P. State Legal Services Authority, Shimla
on or before 28th February, 2022.
7. After depositing compounding fee/cost, petitioner shall
place a copy of receipt of deposit of compounding fee on record of this
petition. In case of default in depositing compounding fee/cost with the
H.P. State Legal Service Authority, Shimla within eight weeks from
today, the judgments of conviction and sentence shall automatically
revive.
8. Petition stands disposed of, in the aforesaid terms, so also
the pending application(s), if any.
9. Copy of this judgment be sent to H.P. State Legal Services
Authority, Shimla.
10. Parties are permitted to use downloaded copy from the High
Court website for depositing the compounding fee with the H.P. Legal
Services Authority, Shimla and for other purposes also. Concerned
.
authority shall not insist for certified copy. Passing of order may be
verified from High Court website.
Copy Dasti.
(Vivek Singh Thakur),
rd
3 December, 2021 Judge.
(Keshav)
