Himachal Pradesh High Court
Singh vs Surender on 28 July, 2022
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28TH DAY JULY, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL REVISION No. 390 OF 2022
Between:-
SURENDER SON OF SHRI GULAB
SINGH, AGED 50 YEARS, RESIDENT
OF VILLAGE MANSARI, POST OFFICE
HARIPUR, TEHSIL MANALI, DISTRICT
KULLU, HIMAHCAL PRADESH (IN
JUDICIAL CUSTODY)
r ..........PETITIONER
(BY MR. MAAN SINGH, ADVOCATE)
AND
HARVINDER SINGH SON OF SHRI
HAMIR CHAND, RESIDENT OF
VILLAGE AND POST OFFICE HARIPUR,
TEHSIL MANALI, DISTRICT KULLU,
HIMACHAL PRADESH.
........RESPONDENT
(BY MR. RAJESH KUMAR, ADVOCATE)
___________________________________________________________
Whether approved for reporting: No
This petition coming on for HEARING this day, the
Court passed the following:-
::: Downloaded on - 28/07/2022 20:04:27 :::CIS
2
ORDER
Cr.Rev. No. 390 of 2022 & Cr.M.P. No. 2240 of
.
By way of this revision petition, the petitioner has
challenged the judgment passed by the Court of learned Judicial
Magistrate 1st Class, Manali, District Kullu, H.P., in criminal
complaint Case No. 223 of 2017, titled as Harvinder Singh Vs.
Surender, which criminal case stood disposed of by learned Trial
Court vide judgment dated 26.12.2019, by sentencing the
present petitioner, vide order of sentence dated 26.12.2019, to
undergo simple imprisonment for a period of four months and to
pay compensation to the tune of Rs.3,80,000/- to the
complainant, as well as the judgment passed in appeal by the
Court of learned Additional Sessions Judge, Kullu, District
Kullu, Himachal Pradesh. i.e. Criminal Appeal No. 09 of 2020,
titled as Surender Vs. Harvinder Singh, dated 06.04.2022, 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. When this case was listed before the Court on
13.07.2022, the following order was passed:-
"Notice. At this stage, Mr. Rajesh Kumar, learned
counsel has put in appearance on behalf of the non-
applicant/respondent.
.
By way of this application, a prayer has been made
for condonation of two days' delay in filing the Revision
Petition. Learned counsel for the non-
applicant/respondent submits that he has no objection
in case delay in filing the petition is condoned.
Having heard learned counsel for the parties and after
perusing the averments made in the application, the
same is allowed, as prayed for and two days' delay in
filing the Revision Petition is condoned. The application
stands disposed of.
Cr. Revision No. of 2022
Be registered. Notice. Mr. Rajesh Kumar, learned
counsel accepts notice on behalf of the respondent. As
prayed for, list on 28.07.2022.
Learned counsel for the petitioner submits that the
petitioner intends to file an application for compounding
of the offence. As prayed for, let the needful be done by
the next date of hearing. In the meanwhile, the petitioner
to deposit 5% of the cheque amount with the Himachal
Pradesh Legal Services Authority.
Cr.MPST No.4860 of 2022
Notice. Mr. Rajesh Kumar, learned counsel accepts
notice on behalf of the non-applicant.
This is an application filed under Section 397(1)
.
read with Section 482 of the Criminal Procedure Code for
suspension of sentence.
Learned counsel for the non-applicant submits
that as per his instructions, whatever amount was due
from the applicant/ petitioner to the respondent/
complainant, stands paid by applicant/ petitioner and as
of now nothing is due to the respondent/complainant
from applicant/ petitioner.
In this view of the matter, the application is
disposed of by ordering the suspension of conviction and
sentence imposed upon the applicant/petitioner by the
Court of learned Judicial Magistrate, 1st Class, Manali,
District Kullu, H.P., vide judgment/order dated
26.12.2019, in Criminal Case No.223 of 2017, titled as
Harvinder Singh Versus Surender, as affirmed by the
Court of learned Additional Sessions Judge, Kullu,
District Kullu, H.P., vide judgment dated 06.04.2022, in
Criminal Appeal No.09 of 2020, titled as Surender Versus
Harvinder Singh, subject to his furnishing personal bond
in the sum of Rs.10,000/- with one surety in the like
amount to the satisfaction of the learned Trial Court
within a period of four weeks from today.
At this stage, learned counsel for the applicant
informs the Court that the applicant is in custody. That
.
being the case, the applicant is hereby ordered to be
released forthwith upon his furnishing personal bond,
as directed above, to the satisfaction of the concerned
Superintendent of Jail and surety bond to the
satisfaction of learned Trial Court within a period of four
weeks from today, undertaking therein that the
applicant shall appear in the Court as and when directed
and shall surrender to serve out the sentence imposed, in
case his revision is ultimately dismissed. The application
stands disposed of accordingly.
There would be no need for a certified copy of this
order for furnishing bail bonds and learned counsel for
the parties can download this order alongwith case
status from the official web page of this Court and attest
it to be a true copy."
3. Today in the present petition, an application, i.e.
Cr.MP No. 2240 of 2022, has been filed under Section 147 of the
Negotiable Instruments Act for compounding of the offence.
Learned Counsel for the petitioner has shown a receipt, showing
deposit of 5% of the cheque amount with HP State Legal Services
Authority, Shimla, which is ordered to be taken on record.
4. 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.
5. 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 and as
per directions of the Court, 5% of the cheque amount stands
deposited by the petitioner as compounding fee with HP State
Legal Services Authority, Shimla, this Court orders the
compounding of the offence in question. As a consequence, the
judgment as well as order of sentence passed by learned
Magistrate 1st Class, Manali, District Kullu, H.P., in criminal
complaint Case No. 223 of 2017, titled as Harvinder Singh Vs.
Surender, dated 26.12.2019, as also the judgment passed in
appeal by learned Additional Sessions Judge, Kullu, District
Kullu, H.P. dated 06.04.2022, affirming the judgment of
conviction and order of sentence passed by learned Trial Court,
are ordered to be set aside.
The petition as well as application filed for
compounding of the offence stand disposed of in above terms, so
.
also any other pending miscellaneous application(s), if any.
(Ajay Mohan Goel)
Judge
July 28, 2022
(narender)
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