Yashpal Soni vs Santosh Kumar & Anr
2022 Latest Caselaw 11835 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Criminal Revision No. 117 of 2013 a/w Cr.MP No. 4141 of 20222.

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Decided on : 30th December, 2022.

    Yashpal Soni                                                            ...Petitioner.





                                         Versus

    Santosh Kumar & Anr.                                                    ....Respondent.



    Coram:

The Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1

For the Petitioner: Mr. Munish Dhatwalia, Advocate, with the petitioner.

For Respondent No.1: Mr. Ashwani Kaundal, Advocate, with respondent No.1.

For Respondent No.2: Mr. Desh Raj Thakur, Addl.A.G.

Satyen Vaidya, Judge (Oral).

By way of Cr.MP No. 4141 of 2022, permission has

been sought to compound the offence under Section 138 of

the Negotiable Instruments Act.

2. Respondent No.1 herein prosecuted the petitioner

for offence under Section 138 of the Negotiable Instruments

Act by filing a complaint before the learned Judicial Magistrate

Whether reporters of the local papers may be allowed to see the judgment?

...2...

First Class, Barsar, District Hamirpur, H.P. Petitioner was

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convicted vide judgment dated 31.05.2011 and was

sentenced to undergo rigorous imprisonment for six months

and to pay fine to the tune of Rs.32,000/- and in default of

payment of fine, to further undergo simple imprisonment for

three months. The appeal filed by the petitioner was also

dismissed. Hence, the petitioner approached this Court by

way of instant revision petition.

3. During the pendency of the revision petition, the

parties are stated to have entered into a settlement. A

written agreement evidencing the terms of such settlement

has been placed on record as Annexure A-1 with Cr.MP No.

4141 of 2022. As per the agreement, it has been settled that

petitioner will pay a sum of Rs.57,000/- in totality to

respondent No.1 in full and final settlement of all his claim. It

has further been agreed that respondent No.1 shall be

entitled to Rs.32,000/- deposited by the petitioner in the

Registry of this Court in terms of orders passed in the instant

petition. Remaining amount of Rs.15,000/- was agreed to be

...3...

paid by petitioner to respondent No.1 on or before 25 th

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December, 2022.

4. It is submitted in the Court today that all the terms

of agreement Annexure A-1 have been fulfilled. Rs.15,000/-

has been paid by petitioner to respondent No.1 on

23.12.2022. Respondent No.1, who is present in Court has

acknowledged the receipt of such amount. The offence under

Section 138 of the Negotiable Instruments Act is

compoundable.

5. It is more than settled that the composition of

offence under Section 138 of the Negotiable Instruments Act

can be allowed even after recording of conviction against the

accused.

6. Since, the parties have amicably settled and

resolved all their disputes, there is no legal impediment in

grant of prayer made in the application.

7. Keeping in view the entirety of the facts and

circumstances of the case, the application is allowed and the

offence under Section 138 of the Negotiable Instruments Act

for which the petitioner was tried and convicted by learned

...4...

Judicial Magistrate First Class, Barsar, District Hamirpur, H.P.

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in complaint No. 138-I-2010, is allowed to be compounded. In

result the judgment passed by learned Judicial Magistrate 1 st

Class, Barsar, District Hamirpur, H.P. in Complaint No. 138-I-

2010, on 31.05.2011/07.06.2011 and affirmed by the learned

Sessions Judge, Hamirpur, H.P. in Criminal Appeal No. 36 of

2011 is allowed, are set aside. The petitioner is acquitted of

all the charges.

8. This order, however, shall be subject to the

condition that the petitioner shall deposit 10% of the cheque

amount with the H.P. State Legal Services Authority within

four weeks from today. In case of default of petitioner in

depositing the amount with the H.P. State Legal Services

Authority within the time allowed as above, this order shall

automatically stands reviewed and the conviction and

sentence of the petitioner shall revive.

9. In view of the settlement arrived at between the

parties, the amount of Rs.32,000/- lying in deposit in the

Registry of this Court be released in favour of respondent

...5...

No.1 on his furnishing the details of his bank account with the

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Registry. The petition stands accordingly disposed of.

For compliance list on 24th March, 2023.

(Satyen Vaidya) Judge

30th December, 2022.

(jai)