Himachal Pradesh High Court
Ajay Kumar Son Of Shri Moti Ram vs Unknown on 30 May, 2022
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
ON THE 30th DAY OF MAY, 2022
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL REVISION NO. 276 OF 2022
Between:-
AJAY KUMAR SON OF SHRI MOTI RAM,
RESIDENT OF VILLAGE SLATE GODAM,
POST OFFICE YOL CANT. TEHSIL
DHARAMSHALA, DISTRICT KANGRA
HP
....PETITIONER
(BY SH. VISHAL VERMA ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY
HOME.
2. AJIT PRADHAN, SON OF SHRI AMAR
SINCE, RESIDENT OF VILLAGE AND
POST OFFICE SIDHWARI, TEHSIL
DHARAMSHALA, DISTT. KANGRA HP
...RESPONDENTS
(BY MS. RAMEETA RAHI, ADDITIONAL ADVOCATE GENERAL FOR
R-1)
(BY SHRI VINOD K. SHARMA, ADVOCATE FOR R-2)
Whether approved for reporting?
This Petition coming on for admission before notice this day, this Court
passed the following:
ORDER
Present revision petition has been filed
assailing judgment dated 26.4.2022 passed by learned
Additional Sessions Judge (II), Kangra at Dharamshala,
District Kangra H.P., in Cr. Appeal/Registration No. 135 of
2018, whereby judgment/order dated
.
22.6.2018/27.06.2018, passed by learned Chief Judicial
Magistrate, Kangra at Dharamshala, District Kangra, in
Criminal Case No. 73-III/17/2015, convicting and sentencing
the petitioner/accused to undergo simple imprisonment for
a period of one year and to pay compensation of
2 Statements
r to
Rs.3,60,000/- to the complainant, has been affirmed.
of Mr. Vishal Verma,
counsel for petitioner and Mr. Vinod K. Sharma, learned
learned
counsel for respondent No.2, have been recorded today
and placed on the file.
3. Learned counsel for respondent No.2, under
instructions, has stated that he has been instructed to
depose that matter has been settled with petitioner and as
per settlement, petitioner has paid entire amount of
compensation to respondent and in turn, respondent has
agreed to compound the matter in present case and for
that purpose, he has been instructed to withdraw the
complaint filed under Section 138 of Negotiable Instrument
Act, in terms of compromise and, therefore, as instructed,
he has prayed to permit the respondent to withdraw his
complaint and to record no objection of respondent for
compounding the case and acquitting the petitioner. He
has stated that he has deposed strictly in consonance with
instructions imparted to him by respondent No.2 and
.
further deposed that now in present case, nothing is to be
recovered from petitioner.
4 Under instructions of petitioner, learned
counsel for the petitioner has endorsed the statement
made by learned counsel for the respondent as true and
correct and has further stated that he has been instructed
to pray for compounding the matter. He has stated that he
has deposed strictly in consonance with instructions
imparted to him by petitioner.
5 Consequently, respondent/complainant is
permitted to withdraw the complaint and matter is
compounded and complaint arising out of dishonour of
cheque under Section 138 of Negotiable Instrument Act is
treated to be withdrawn and judgments of conviction and
sentence passed by learned Courts below are quashed and
set aside. Petitioner/accused is acquitted of the accusation
framed against him.
6 Learned counsel for the petitioner has also
prayed for imposing lesser compounding fee. 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 Legal Services Authority vs.
Prateek Jain and another (2014)10 SCC 690, wherein
.
it has been held that Court may reduce compounding fee
for given facts and circumstances of a particular case,
present case is a fit case of exemption of compounding fee.
7. Considering facts and circumstances of the
case and keeping in view the prayer made on behalf of the
to deposit
petitioner, I am of the opinion that it is an appropriate case
to impose lesser compounding fee. Therefore, petitioner is
directed
compounding fee of Rs.2000/-
instead of 15% of cheque amount, with the H.P. State Legal
Services Authority, Shimla within four weeks from today.
8. After depositing compounding fee, petitioner
shall place a copy of receipt of deposit of compounding fee
on record of this petition. In case of default in depositing
compounding fee/cost with the H.P. State Legal Services
Authority, Shimla within four weeks from today, the
consequential action shall follow to recover the said amount as
fine under Cr.P.C.
9. Petition stands disposed of, in the aforesaid
terms, so also the pending application(s), if any.
10 Petitioner is permitted to produce a copy of this
order, downloaded from the web-page of the High Court of
Himachal Pradesh, before the authorities concerned/H.P.
State Legal Services Authority/Trial Court and the said
authorities shall not insist for production of certified copy,
.
but, if required, may verify it from the Website of the High
Court.
Copy of this judgment be sent to H.P. State
Legal Services Authority, Shimla for compliance.
May 30, 2022
(ms) r to (Vivek Singh Thakur)
Judge
