Hem Raj vs Hem Raj
2021 Latest Caselaw 5585 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                   ON THE 6th DAY OF DECEMBER, 2021




                                                             .
                                   BEFORE





                HON'BLE MR. JUSTICE AJAY MOHAN GOEL

                   CRIMINAL REVISONs No. 389 OF 2019





    Between:-

    HEM RAJ, S/O SH. DURGA SINGH,





    RESIDENT OF VILLAGE SYANH, P.O.
    LOHARA, TEHSIL BALH, DISTRICT
    MANDI, H.P.
                      r                             ..........PETITIONER

    (BY SH. G.R. PALSRA, ADVOCATE)

    AND

    1. ROOP SINGH S/O SH. DUMNU


       ALIAS SHUKRU, RESIDENT OF
       VILLAGE SHANAR, P.O. CHIUNI,
       TEHSIL THUNAG, DISTRICT MANDI,
       H.P.




    2. STATE OF HIMACHAL PRADESH.
                                                    ........RESPONDENTS





    (BY MR. JAI DEV THAKUR, ADVOCATE FOR R-
    1;





    M/S ADARSH SHARMA, SUMESH RAJ AND
    SANJEEV SOOD, ADDL. AGS WITH MR. KAMAL
    KANT CHANDEL, DEPUTY AG. FOR R-2)
    ___________________________________________________________
              Whether approved for reporting:No

                This petition coming on for HEARING this day, the

    Court passed the following:-




                                            ::: Downloaded on - 31/01/2022 23:23:31 :::CIS
                                      2



                                ORDER

By way of this revision petition, the petitioner has

.

challenged the judgment passed by the Court of learned Judicial

Magistrate First Class, Chachiot, at Gohar, District Shimla, H.P.

in criminal complaint Case No. 161-I of 2016/66-III/2016, titled

as Roop Singh vs. Hem Raj, dated 24.08.2018, which criminal

case stood disposed of by the learned Trial Court, by sentencing

the present petitioner, vide judgment and order of sentence

dated 24.08.2018, to undergo simple imprisonment for a period

of six months and to pay compensation to the tune of `80,000/-

to the complainant, as well as the judgment passed by the Court

of learned Additional Sessions Judge(II), Mandi, District Mandi,

H.P., in appeal, i.e. Criminal Appeal No. 32 of 2018, titled as

Hem Raj vs. Roop Singh, dated 31.07.2019, 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 and the entire due

amount stands paid by the petitioner to the respondent. This

fact is not disputed by learned Counsel appearing for the

respondent.

.

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, 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 three months from today. As a consequence,

the judgment as well as order of sentence passed by learned

Judicial Magistrate First Class, Chachiot at Gohar, District

Mandi, H.P. dated 24.08.2018, as also the judgment passed in

appeal by learned Additional Sessions Judge(II), Mandi, H.P.

dated 31.07.2019, affirming the judgment of conviction and

order of sentence passed by learned Trial Court, 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. As prayed for by learned Counsel for respondent No.

1, amount already lying deposited with the learned Court below

in this case, is ordered to be released in favour of respondent

No. 1, on his moving appropriate application in this regard.

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

also pending miscellaneous application(s), if any.

Copy dasti.

(Ajay Mohan Goel) Judge December 06, 2021 (narender