Himachal Pradesh High Court
Sh. Dhalu Ram vs Unknown on 30 October, 2021
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30TH DAY OF OCTOBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL REVISION No. 3 of 2021
BETWEEN:-
SH. DHALU RAM, S/O SH.LOT
RAM, R/O VILLAGE SHURU,
P.O. PRINI, TEHSIL MANALI,
DISTRICT KULLU, H.P. ....PETITIONER
(PETITIONER PRESENT IN
PERSON)
(BY SH. MAHENDER SINGH KANWAR, ADVOCATE)
AND
SH.PIAR SINGH GULERIA, S/O
SH.NATHU RAM, R/O V.P.O.
BHUNTAR, TEHSIL BHUNTAR,
DISTRICT KULLU, H.P. ....RESPONDENTS
(RESPONDENT IN PERSON.)
Whether approved for reporting?
This petition coming on for orders this day, the Court passed
the following:
JUDGMENT
Present Revision Petition has been filed assailing judgment,
dated 21.9.2020, passed by learned Additional Sessions Judge, Kullu,
Himachal Pradesh, in Criminal Appeal No. 31 of 2019, whereby
judgment/order dated 26.10.2012/31.10.2019, passed by learned Chief
Judicial Magistrate, Kullu, District Kullu, H.P. in Cr. Complaint No. 373-1
of 2013, convicting and sentencing the petitioner-accused under Section
138 of Negotiable Instruments Act to undergo simple imprisonment for
four months and to pay compensation of `2,10,000/- to the complainant,
has been affirmed.
2. Complainant/respondent is present in the Court today and
his statement has been recorded on oath, wherein he has stated that
matter has been amicably settled with the accused/petitioner and as per
.
compromise, he has agreed to withdraw the complaint for compounding
the case on accepting payment of `1,00,000/- against payment of
`2,10,000/- and thus he has prayed for compounding the case. He has
further deposed that he is deposing in this Court out of his free will,
consent and also without any external pressure, coercion or threat of
any kind. r
3. Petitioner/accused is also present in the Court today and his
statement has been recorded on oath, wherein he has endorsed the
statement of complainant to be true and correct. He has further stated
that because of loss in business, he could not arrange the payment of
entire amount of compensation and considering his financial condition,
complainant/respondent has agreed for compounding the case by
accepting `1,00,000/-, instead of `2,10,000/- and for his poor financial
condition, he is also not in a position to pay compounding fee. He has
further deposed that he is deposing in this Court out of his free will,
consent and also without any external pressure, coercion or threat of
any kind.
4. Consequently, respondent/complainant is permitted to
withdraw the complaint and matter is compounded and complaint arising
out of dishonor 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 for exemption
of compounding fee on the ground that due to poor financial condition,
petitioner could not pay the amount well in time and now he has
.
arranged the money from his nears and dears and paid the same to
respondent. 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
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 of the case,
petitioner/accused is exempted from payment of compounding fee.
7. Petition stands disposed of, in the aforesaid terms, so also
the pending application(s), if any.
8. 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),
th
30 October, 2021 Judge.
(Keshav)
