Himachal Pradesh High Court
Shri Manoj Kumar vs Sayed Babalal H. (2010)5 Scc 663 on 10 November, 2021
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
ON THE 10th DAY OF NOVEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL REVISION NO. 359 OF 2014
Between:-
SHRI MANOJ KUMAR,
S/O SH.MALPUR,
R/O VILLAGE PHEMGARANG,
PO AND TEH. SANGLA,
DISTRICT KINNAUR HP
....PETITIONER
(BY MS. RUCHIKA KHACHI, ADVOCATE VICE MR.C.D.NEGI,
ADVOCATE)
AND
SHRI LEKH RAJ TEGTA,
S/O SH. JAGDISH TEGTA,
R/O VILLAGE AND PO KARASA,
TEHSIL ROHRU, DISTRICT SHIMLA HP
...RESPONDENT
(BY SHRI DURGA SINGH KAINTHLA, ADVOCATE VICE MR.PREM
SINGH NEGI, ADVOCATE)
Whether approved for reporting?
This Petition coming on for order this day, this Court delivered the following:
JUDGMENT
Present revision petition has been filed assailing
judgment dated 27.10.2014, passed by learned Additional Sessions
Judge-I, Shimla, District Shimla H.P., in Cr. Appeal No. 21-S/10 of
2013, whereby judgment/order dated 8.10.2012/29.12.2012,
.
passed by learned Judicial Magistrate First Class, Court No.2,
Rohru, District Shimla in Criminal Case No. 62-3 of 2011, convicting
and sentencing the petitioner/accused to undergo simple
imprisonment for a period of six months and to pay compensation
of Rs.6,00,000/- to the complainant, has been affirmed.
2. Today, the petitioner, who has been produced in
custody in pursuance to issuance of non-bailable warrants, vide
separate statement placed on record, has stated that due to his
poor financial condition, he could not arrange the money well in
time and today, he has paid the balance amount of Rs.10,000/- to
learned counsel for respondent. He has also prayed that keeping in
view his poor financial condition, compounding fee may not be
imposed upon him and has stated that he has made this statement
out of his free will, consent and also without any kind of threat,
coercion or pressure etc.
3 Under instructions of Mr. Prem Singh Negi, learned
original counsel for the respondent, to make the statement and to
compound the case after receiving balance amount of Rs.10,000/-,
learned appearing counsel for the respondent, Mr.Durga Singh
Kainthla, Advocate, has stated that since he has received
Rs.10,000/- in Court from the petitioner, therefore, on behalf of
respondent, he has communicated consent of the respondent to
compound the case after permitting the respondent to withdraw
.
the complaint. He has further deposed that his deposition is strictly
in accordance with instructions imparted to him by learned original
counsel Mr.Prem Singh Negi, Advocate.
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 Negotiable
Instrument Act is treated 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.
5 Learned counsel for the petitioner has also prayed for
exempting the compounding fee. It is also submitted by him that
considering the 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 Legal
Services Authority vs. Prateek Jain and another (2014)10
SCC 690, wherein it has been held that Court may reduce
compounding fee for given facts and circumstances of a particular
case, present case is a fit case for exemption of compounding fee.
6. Considering facts and circumstances of the case and
keeping in view the poor financial condition of petitioner and the
fact that balance amount of compensation Rs.10,000/- has also
been paid by petitioner to the respondent/complainant through his
.
counsel, I am of the opinion that it is an appropriate case to
exempt compounding fee. Therefore, petitioner is exempted from
depositing the compounding fee.
Petition stands disposed of, in the aforesaid terms, so
also the pending application(s), if any.
November 10, 2021
(ms)
r to (Vivek Singh Thakur)
Judge
