Himachal Pradesh High Court
Dharmender Sharma vs Munshi Ram on 16 March, 2021
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr. Revision No.137 of 2020
.
Date of Decision: March 16, 2021
Dharmender Sharma ...Petitioner.
Versus
Munshi Ram ..Respondent.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. G.R. Palsra, Advocate, alongwith
petitioner Dharmender Sharma, present
in person.
For the Respondent: Mr.Prashant Sharma, Advocate.
Vivek Singh Thakur, J. (oral)
Present Revision Petition has been filed assailing
judgment dated 30.12.2019, passed by learned Additional
Sessions Judge-II, Mandi, H.P. (Mandi Court), in Criminal Appeal
No.89 of 2018, titled as Dharmender Sharma vs. Munshi Ram,
whereby judgment and order of conviction dated
17.03.2018/05.05.2018, passed by learned Chief Judicial
Magistrate, Mandi, H.P., in N.I. Act No.89-III/15/12, titled as
Munshi Ram vs. Dharmender Sharma, convicting and sentencing
the petitioner-accused to undergo simple imprisonment for one
Whether reporters of the local papers may be allowed to see the judgment?
year and to pay fine of `1,10,000/- to the complainant, has been
affirmed.
2. Today, petitioner Dharmender Sharma is present in
.
the Court, who has been duly identified by his learned counsel
and his statement on oath has been also recorded separately.
3. In his statement, petitioner-Dharmender Sharma has
stated that he has suffered judgments by the trial Court as well
as First Appellate Court, whereby he has been awarded sentence
of simple imprisonment for one year and to pay fine of
`1,10,000/- to the complainant. He has further stated that he has
deposited a sum of `10,000/- in the trial Court and a sum of
`1,10,000/- in the Registry of this Court and now he does not
want to contest the Revision Petition on merit, as he has settled
the matter with the complainant-respondent, who has agreed to
withdraw the complaint for compounding the case on receipt of
entire amount of compensation i.e. `1,10,000/- deposited by him
in the Registry of this Court. Therefore, he has agreed for release
of amount of `1,10,000/- deposited by him in the Registry of this
Court in favour of the complainant and remaining amount of
`10,000/- deposited by him in the trial Court is to be refunded to
him. He has further stated that he was earning his livelihood as a
driver, but during Lockdown he has lost his job and now-a-days
he is sitting idle and jobless at home and has arranged the
payment of compensation amount to respondent by borrowing
money from his near and dear and it will be difficult for him to
arrange any other amount. Therefore, he has prayed for
exemption of the compounding fee. He has further stated that
he has compromised the matter and has deposed in this Court,
out of his free will, consent and without any external pressure,
.
coercion or threat of any kind.
4. Mr. Prashant Sharma, Advocate, representing
respondent-complainant, in his statement has deposed that he is
duly authorized to compromise the matter on behalf of the
respondent-complainant and to make statement in the Court. He
has endorsed the statement made by Dharmender Sharma-
petitioner, recorded on oath today in this Court to be in
consonance with instructions imparted to him by respondent-
complainant and, therefore, he on behalf of respondent-
complainant has communicated no objection for compounding
the case after permitting the complainant to withdraw the
complaint. He has stated that amount of compensation of
`1,10,000/- be released in favour of the respondent-complainant
by remitting the same in his Bank Account
No.0921000300043042, Punjab National Bank, Rewalsar Branch,
District Mandi, H.P. and amount of `10,000/- deposited by the
petitioner in the trial Court is to be refunded to the petitioner. He
has further stated that complainant has compromised the matter
out of his free will, consent and without any external pressure,
coercion or threat of any kind and that his aforesaid deposition is
strictly in terms of instructions imparted to him by the
respondent-complainant.
5. Consequently, complainant-respondent Munshi Ram
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 permitted
to be withdrawn and judgments of conviction and sentence
passed by learned Courts below are quashed and set aside.
Petitioner-accused is acquitted of the accusation framed against
him.
6. Learned counsel for the petitioner submits that it is
a fit case for exempting the petitioner from compounding fee,
keeping in view ratio of law laid down by the Apex Court in
Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663,
as clarified in Madhya Pradesh State Legal Services Authority
Vs. Prateek Jain and another 2014 (10) SCC 690, as
petitioner-Dharmender Sharma is jobless in these days and has
arranged the amount of compensation with great difficulty by
borrowing the same from his near and dear.
7. In the peculiar facts and circumstances of the case, I
find that it is a fit case for exempting the compounding fee and
accordingly the same is exempted.
8. Registry is directed to release amount deposited by
petitioner-Dharmender Sharma in favour of respondent-Munshi
Ram, by remitting the same in his bank account, mentioned
above immediately.
9. The amount, if any, deposited by the petitioner in
the trial Court is also directed to be released in his favour
(petitioner Dharmender Sharma), without issuing any notice to
complainant Munshi Ram, by remitting the same in his Bank
Account No.0921000101158228, Punjab National Bank, Branch
.
Rewalsar, District Mandi, H.P., on production of certified/
downloaded copy of this judgment in the trial Court or receipt of
copy of this order/judgment from Registry whichever is earlier.
10. Registry to transmit copy of this judgment to the
trial Court.
11. Petition stands disposed of, in the aforesaid terms,
so also pending application(s), if any.
Copy dasti on usual terms.
(Vivek Singh Thakur),
Judge.
March 16, 2021
(Purohit)
