Ravinder Pal (Lal) Son Of Shri Bali vs Lal Singh
2022 Latest Caselaw 8863 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                    ON THE 31ST DAY OF OCTOBER, 2022

                                      BEFORE

                 HON'BLE MR. JUSTICE SANDEEP SHARMA




                                                                   .

                    CRIMINAL REVISION NO. 359 OF 2022

    Between:-





    RAVINDER PAL (LAL) SON OF SHRI BALI
    RAM, RESIDENT OF VILLAGE JUKNAIL,
    P.O.  DEVDHAR,     TEHSIL    CHAHIOT,
    DISTRICT MANDI, H.P. AGED 42 YEARS.





                                                                  .. PETITIONER
    (BY MR. LOVENEESH THAKUR, ADVOCATE )

    AND              r
    1.   LAL SINGH S/O SH. M.L. THAKUR, R/O
         VILLAGE PUTHA KATHAIR, P.O. AND

         TEHSIL THUNAG, DISTRICT MANDI, H.P.

    2.   STATE OF H.P.

                                                                 RESPONDENT



    (BY MS. SHAILJA THAKUR, ADVOCATE
    VICE MR. MUNISH KUMAR, ADVOCATE,
    FOR -1)




    (BY MR. NARENDER GULERIA, ADDITIONAL





    ADVOCATE GENERAL WITH MR. SUNNY
    DHATWALIA, ASSISTANT ADVOCATE
    GENERA FOR R-2)





    Whether approved for reporting:

    This petition coming on for orders this day, the court passed the following:
                 O R D E R

Instant petition filed under Section 397/401 Cr.P.C, lays

challenge to judgment dated 7.06.2022 passed by learned Sessions

Judge, Mandi, District Mandi, H.P., in Cr. Appeal No. 45 of 2021,

affirming judgment of conviction dated 6.10.2021 and order of sentence

dated 21.10.2021 passed by learned Judicial Magistrate, First Class,

Chachiot at Gohar, District Mandi, H.P., in complaint No.242-I/2018/51-

III/2019, whereby learned trial Court, while holding the petitioner-accused

.

(hereinafter, 'accused') guilty of having committed offence punishable

under S. 138 of the Negotiable Instruments Act, convicted and sentenced

him to undergo simple imprisonment for a period of six months and pay

compensation of Rs.50,000 to the respondent-complainant (hereinafter,

'complainant').

2. Precisely, the facts of the case, as emerge from the record,

are that on account of dishonouring of cheque issued by the petitioner-

accused towards discharge of his lawful liability, respondent- complainant

instituted a complaint under Section 138 of the Act in the competent court

of law.

3. Learned trial court on the basis of evidence adduced on

record by the respective parties, held the accused guilty of having

committed offence punishable under S. 138 of Act and convicted and

sentenced him as per description given herein above.

4. Being aggrieved and dissatisfied with judgment of conviction

and order of sentence passed by learned trial Court, accused preferred an

appeal in the court of learned Sessions Judge, Mandi, which came to be

dismissed vide judgment dated 7.06.2022. In the aforesaid background,

accused has approached this court in the instant proceedings, praying

therein for his acquittal after setting aside judgments of conviction and

order of sentence passed by both the learned Courts below.

5. Vide order dated 12.07.2022, this court suspended the

substantive sentence imposed upon the accused by learned trial Court,

subject to the petitioner-accused depositing 50% of the cheque amount.

Aforesaid order is duly complied with as stands recorded in order dated

.

4.8.2022.

6. Today, during the proceedings of the case, learned counsel

representing the petitioner-accused states that sum of Rs.12000/- was

handed over in cash to the respondent-complainant on 7.09.2022,

whereas sum of Rs. 15,000/- is lying deposited with the trial Court. He

states that since today sum of Rs. 23,000/- in cash has been handed over

to learned counsel for the respondent-complaint, this Court while

exercising power under Section 147 of the Act, may proceed to compound

the offence and thereafter acquit the petitioner-accused of the charge

framed against him under Section 138 of the Act.

7. Learned counsel for the respondent-complainant while fairly

acknowledging the factum with regard to receipt of entire amount of

compensation awarded by the Court below states that since entire

amount of compensation has been received by the respondent-

complainant, respondent-complainant shall have no objection in

compounding the offence.

8. Having taken note of the fact that the entire amount of

compensation stands paid by the accused and respondent-complainant

has no objection in getting the matter compounded in the event of his

having received entire amount of compensation, this court sees no

impediment in accepting the prayer made on behalf of the accused in the

petition for compounding of offence under S. 147 of the Act, and in terms

of guidelines laid down by Hon'ble Apex Court in Damodar S. Prabhu V.

Sayed Babalal H. (2010) 5 SCC 663, wherein Hon'ble Apex Court has

categorically held that court, while exercising power under Section 147 of

.

the Act, can proceed to compound the offence even after recording of

conviction by the courts below.

9. Consequently, in view of above, prayer made on behalf of

the accused is allowed and offence committed by him under S.138 of the

Act is ordered to be compounded. Judgments of conviction and order of

sentence passed by learned courts below, are quashed and set aside.

Accused is acquitted of the offence under S.138 of the Act.

10. Learned trial Court is directed to release the compensation

amount lying deposited with it in favour of the complainant, by remitting

the same in his savings bank account, details whereof shall be furnished

by learned counsel for the respondent within a period of one week.

11. Petition stands disposed of in the afore terms, alongwith all

pending applications. Bail bonds, if any, furnished by the accused are

discharged.

(Sandeep Sharma) Judge st 31 October, 2022

(shankar)