Sh. Vikas Arora vs . Sh. Naveen Arora And Connected ...
2022 Latest Caselaw 9288 HP

Sh. Vikas Arora Vs. Sh. Naveen Arora and connected matter

Cr. Rev. No. 454 of 2019 a/w Cr. Rev. No. 453 of 2019

14.11.2022 Present: Mr. Vipin Pandit, Advocate, for the petitioner(s) in both

.

the petitions.

Mr. Dalip K. Sharma, Advocate, for the respondent(s) in both the petitions.

Criminal Revision No. 453 of 2019 has been filed by

the petitioner feeling aggrieved by the judgment and order dated

24.04.2019/07.05.2019, passed by the Court of learned Additional

Chief Judicial Magistrate, Kasauli, District Solan, H.P. in Complaint

No. 37/03 of 2016, titled as Naveen Arora Vs. Vikas Arora, as

affirmed by the Court of learned Sessions Judge, Solan, H.P. vide

judgment dated 21.09.2019, passed in Criminal Appeal No. 29-

S/10 of 2019, in terms whereof, the petitioner has been convicted

for commission of offence punishable under Section 138 of the

Negotiable Instruments Act, 1881.

Similarly, Criminal Revision No. 454 of 2019 has been

filed by the petitioner feeling aggrieved by the judgment and order

dated 25.04.2019/07.05.2019, passed by the Court of learned

Additional Chief Judicial Magistrate, Kasauli, District Solan, H.P. in

Complaint No. 36/03 of 2016, titled as Naveen Arora Vs. Vikas

Arora, as affirmed by the Court of learned Sessions Judge, Solan,

H.P. vide judgment dated 21.09.2019, passed in Criminal Appeal

No. 28-S/10 of 2019, in terms whereof, the petitioner has been

convicted for commission of offence punishable under Section 138

of the Negotiable Instruments Act, 1881.

Mr. Vipin Pandit, learned counsel for the petitioner(s)

submits that as the compensation amount has been deposited by

.

the petitioner in both the cases, therefore, it will be in the interest

of justice in case the prayer of the petitioner for compounding of

the offence is considered sympathetically and the amount which

has been deposited by the petitioner, is ordered to be released in

favour of the respondent.

Mr. Dalip K. Sharma, learned counsel appearing for

the respondent submits that in view of the statement which was

made in the open Court by the respondent on the last date of

hearing, i.e., on 14th October, 2022, he has no objection if the

Court considers sympathetically the prayer of the petitioner for

compounding of the offence, provided the amount which has been

deposited by the petitioner is ordered to be released in favour of

the respondent.

Taking into consideration the respective contentions

of learned counsel for the parties, the cases are ordered to be

listed on 23rd November, 2022, on which date, the prayer of the

petitioner for compounding of the offence shall be considered,

subject to his depositing Rs.5000/- as compounding fee, in each

case before the Himachal Pradesh State Legal Services Authority.

In the meanwhile, the amount which has been deposited by the

petitioner is ordered to be released in favour of the respondent,

with up-to-date interest, in his bank account, details whereof shall

be provided by learned counsel for the respondent with the

.

Registry, where the money is lying deposited.

                                                (Ajay Mohan Goel)
                                                      Judge
    November 14, 2022
       (bhupender)




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