Between vs Meena Bhati
2022 Latest Caselaw 7438 HP

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                   ON THE 5th DAY OF SEPTEMBER, 2022

                                      BEFORE




                                                                              .

             HON'BLE MR. JUSTICE AJAY MOHAN GOEL
                     CRIMINAL REVISION No. 78 of 2013





      Between:-
      SMT. MEENA BHATIA, WIFE OF
      SH. RIKHI RAM, RESIDENT OF
      VILLAGE      KADON,    P.O.
      DHARAMPUR, TEHSIL KASAULI,





      DISTRICT SOLAN, H.P.
                                                                       ...PETITIONER
      (BY SHRI O.C. SHARMA, ADVOCATE)

      AND


1.    SH. DINESH GUPTA, S/O SH.
      SHYAM LAL, RESIDENT OF
      VILLAGE & P.O. DHARAMPUR,
      TEHSIL    KASAULI, DISTRICT
      SOLAN, H.P.



2.    STATE OF HIMACHAL PRADESH.
                                             ...RESPONDENTS




      (SHRI S.C. SHARMA, SENIOR ADVOCATE, WITH
      MS. DEEPIKA THAKUR, ADVOCATE, FOR R-1.





     M/S SUMESH RAJ, DINESH THAKUR &
     SANJEEV SOOD, ADDITIONAL ADVOCATE





     GENERALS, FOR R-2)
     Whether approved for reporting?
__________________________________________________________
             This petition coming on for hearing this day, the Court passed the following:-



                                   JUDGMENT

Cr. MP No. 2454 of 2022

By way of this application, a prayer has been made by the

applicant/petitioner that as now the matter which led to the filing of complaint

against him under Section 138 of the Negotiable Instruments Act stands amicably

settled between her and the complainant, therefore, her prayer for compounding

of the offence be sympathetically considered.

.

2. Learned Senior Counsel appearing for the respondent/complainant

submits that the respondent/complainant has no objection in case the prayer so

made by the petitioner is sympathetically considered by the Court.

3. Having heard learned counsel for the parties and after perusing the

averments made in the application, the same is allowed, as prayed for. Application

stands disposed of.

CRIMINAL REVISION No. 78 of 2013

4. By way of this revision petition, the petitioner has challenged

judgment, dated 09.12.2010, passed by the Court of learned Judicial Magistrate,

1st Class, Kasauli, District Solan in Criminal Case No. 178/3 of 2007/05, titled as

Dinesh Gupta Vs. Meena Bhati, which criminal case stood disposed of by the

learned Trial Court by sentencing the present petitioner to undergo simple

imprisonment for a period of one year and also to pay Rs.20,000/- as

compensation to the complainant as well as judgment dated 19.02.2013, passed

by the Court of learned Sessions Judge, Solan 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.

5. The Court stands informed that during the pendency of the revision

petition, the matter has been amicably settled between the petitioner and respondent

No. 1 and the entire due amount stands paid by the petitioner to the respondent.

This fact is not disputed by learned counsel appearing for respondent No. 1.

6. Learned counsel for the petitioner has placed on record receipt issued

.

by the H.P. State Legal Services Authority, Shimla, showing deposit of 10% of the

cheque amount, as was directed by this Court vide order dated 30.06.2022, which is

ordered to be taken on record.

7. 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.

8. 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, judgment, dated 09.12.2010, passed by the Court of learned Judicial

Magistrate, 1st Class, Kasauli, District Solan in Criminal Case No. 178/3 of 2007/05,

titled as Dinesh Gupta Vs. Meena Bhati, which criminal case stood disposed of by

the learned Trial Court by sentencing the present petitioner to undergo simple

imprisonment for a period of one year and also to pay Rs.20,000/- as compensation

to the complainant as well as judgment dated 19.02.2013, passed by the Court of

learned Sessions Judge, Solan 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 are

ordered to be set aside. The petition stands disposed of in above terms, so also

pending miscellaneous application(s), if any.

(Ajay Mohan Goel)

.

                                                         Judge





September 05, 2022
 (bhupender)





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