Himachal Pradesh High Court
Shimla vs Shyam Lal on 24 August, 2022
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 24th DAY OF AUGUST, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL REVISION No. 308 of 2022
Between:-
SH. SHYAM LAL, S/O SH. LUMCHA
RAM, R/O VILLAGE CHAMYANA,
P.O. & TEHSIL SUNNI, DISTRICT
SHIMLA, H.P., AGED ABOUT 44
YEARS.
...PETITIONER
(BY SHRI ASHOK KUMAR VERMA,
ADVOCATE)
AND
1. HEM RAJ THAKUR, S/O SH.
BHAGAT SINGH, R/O VILLAGE
THATHO, P.O. BAGSHAR, TEHSIL
KARSOG, DISTRICT MANDI, H.P.
2. STATE OF H.P.
...RESPONDENTS
(SHRI SANJAY VERMA, ADVOCATE, FOR R-1
M/S SUMESH RAJ, DINESH THAKUR &
SANJEEV SOOD, ADDITIONAL ADVOCATE
GENERALS, WITH MR. AMIT KUMAR DHUMAL,
DEPUTY ADVOCATE GENERAL AND MR.
MANOJ BAGGA, ASSISTANT ADVOCATE
GENERAL, FOR R-2)
Whether approved for reporting? No.
__________________________________________________________
This petition coming on for orders this day, the Court passed the following:-
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2
JUDGMENT
Cr. MP No. 2285 of 2022
.
By way of this application, a prayer has been made by the
applicant/petitioner that as now the matter which led to the filing of complaint
against him under Section 138 of the Negotiable Instruments Act stands amicably
settled between him and the complainant, therefore, his prayer for compounding
of the offence be sympathetically considered.
2. Learned counsel appearing for the respondent/complainant submits
that the respondent/complainant has no objection in case the prayer so made by
the petitioner is sympathetically considered by the Court.
3. Having heard learned counsel for the parties and after perusing the
averments made in the application, the same is allowed, as prayed for. Application
stands disposed of.
CRIMINAL REVISION No. 308 of 2022
4. By way of this revision petition, the petitioner has challenged
judgment, dated 08.01.2018, passed by the Court of learned Judicial Magistrate,
1st Class, Karsog, District Mandi in Complaint No. 72/2015, titled as Hem Raj
Thakur Vs. Shyam Lal, which criminal case stood disposed of by the learned Trial
Court by sentencing the present petitioner to undergo simple imprisonment for a
period of three months and also to pay Rs.50,000/- as compensation to the
complainant as well as judgment dated 06.04.2022, passed by the Court of
learned Additional Sessions Judge-1, Mandi, District Mandi, H.P., 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.
.
5. The Court stands informed that during the pendency of the revision
petition, the matter has been amicably settled between the petitioner and respondent
No. 1 and the entire due amount stands paid by the petitioner to the
respondent/complainant. This fact is not disputed by learned counsel appearing for
respondent No. 1. Learned counsel for the petitioner has placed on record receipt
issued by the H.P. State Legal Services Authority, Shimla, showing deposit of 5% of
the cheque amount, as was directed by this Court vide order dated 03.08.2022,
which is ordered to be taken on record.
6. 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.
7. 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, the judgment, dated 08.01.2018, passed by the Court of learned Judicial
Magistrate, 1st Class, Karsog, District Mandi in Complaint No. 72/2015, titled as Hem
Raj Thakur Vs. Shyam Lal, vide which, the petitioner was sentenced to undergo
simple imprisonment for a period of three months and also to pay Rs.50,000/- as
compensation to the complainant as well as judgment dated 06.04.2022, passed by
the Court of learned Additional Sessions Judge-1, Mandi, District Mandi, H.P., vide
which, the judgment passed by learned Trial Court was upheld by the learned
Appellate Court are ordered to be set aside. The petition stands disposed of in above
.
terms, so also pending miscellaneous application(s), if any.
(Ajay Mohan Goel)
Judge
August 24, 2022
(bhupender)
r to
