Chain vs Surender Kumar
2021 Latest Caselaw 5047 HP

        IN       THE    HIGH    COURT OF      HIMACHAL            PRADESH,
                                     SHIMLA
                    ON THE 25th DAY OF OCTOBER, 2021




                                                                 .
                                     BEFORE





                 HON'BLE MR. JUSTICE AJAY MOHAN GOEL

                       CRIMINAL REVISION No.104 of 2021





    Between:
    SURENDER KUMAR AGED 40
    YEARS, SON OF SHRI SUKH





    CHAIN,     RESIDENT     OF
    VILLAGE      BAGHI,    P.O.
    CHIRGAON,           TEHSIL
    CHIRGAON,         DISTRICT
    SHIMLA, H.P.

                                                               ....PETITIONER.

    (BY. SHRI AJAY KUMAR LAHOTA, ADVOCATE)

    AND


    ANIL KUMAR SON OF SHRI
    DHIRJA RAM, RESIDENT OF
    VILLAGE JAKHNOTI, P.O.




    CHILLALA,        TEHSIL
    CHIRGAON,      DISTRICT
    SHIMLA, H.P.





                                                             ....RESPONDENT.
    (BY. MR.HEMANT KUMAR SHARMA, ADVOCATE)





    Whether approved for reporting?1 No

             This Petition coming on for admission this day, the Court passed the

    following:




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                               JUDGMENT

Cr.MP No.2074 of 2021

.

This application is disposed of with the direction that

the compounding fee be paid by the petitioner is determined at the

rate of 5% of the cheque amount as would be reflected in the

judgment which is being passed in the main petition today itself.

Criminal Revision No.104 of 2021

By way of this revision petition, the petitioner has

challenged judgment, dated 05.07.2019, passed by the Court of

learned Additional Chief Judicial Magistrate, Court No.1, Rohru,

District Shimla, H.P., in Criminal Case No.144/3 of 2017, titled as

Anil Kumar Versus Surender Kumar, which criminal case stood

disposed of by the learned Trial Court by sentencing the present

petitioner to undergo simple imprisonment for a period of one year

and also to pay Rs.3,30,000/- as compensation to the

complainant, as well as judgment dated 28.12.2020, passed by

the Court of learned Sessions Judge (Forests), Shimla, H.P., in

Criminal Appeal No.18-R/10 of 2019, titled as Sh. Surender Kumar

Versus Sh. Anil kumar, 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 by way of Cr.MP No.2074 of

2021 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 in view of

said development, it will be in the interest 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 of 10% of the cheque amount 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

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

.

5% of the cheque amount as compounding fee by the petitioner,

which shall be deposited by the petitioner with State Legal Services

Authority, Shimla within a period of eight weeks from today.

Sentence passed by learned Courts below stands quashed and set

aside. Let a compliance affidavit in this regard be thereafter filed by

the petitioner with the Registrar (Judicial).

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

pending miscellaneous application(s), if any.

    October 25, 2021                                (Ajay Mohan Goel)
          (rishi)                                          Judge