Tilak Raj vs Dula Ram
2023 Latest Caselaw 4357 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision No.210 of 2022 Decided on: 21st April, 2023

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    Tilak Raj                                                         .....Petitioner




                                                                                      .
                                                  Versus





    Dula Ram                                                      .....Respondent

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Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting? 1

For the Petitioner: Mr. Rajiv Rai and Mr. Gurdev Negi, Advocates.

For the Respondent: Mr. Sunny Rawat, Advocate.

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Jyotsna Rewal Dua, Judge

The petitioner was convicted by the learned

Judicial Magistrate First Class Thunag, District Mandi, H.P.

on 01.07.2021 for having committing offence punishable

under Section 138 of Negotiable Instruments Act (in short

'the Act'). He was sentenced to undergo simple

imprisonment for a period of one year and to pay

compensation of Rs.1,25,000/- to the complainant. The

judgment of conviction and order of sentence were affirmed

by the learned Sessions Judge, Mandi, H.P. vide judgment

dated 14.02.2022. These judgments and sentence order

Whether reporters of print and electronic media may be allowed to see the order?

have been assailed by the petitioner in the instant criminal

revision.

2. Learned counsel for the petitioner submitted

that the petitioner has deposited Rs.37,500/- before the

.

learned Trial Court and Rs.20,000/- in the Registry of this

Court. Learned counsel further submitted that additionally

an amount of Rs.48,000/- in cash has already been handed

over to the respondent today (21.04.2023). Learned counsel

also submitted that the petitioner has no objection, in case,

the amounts deposited by him before the learned Trial

Court and before the Registry of this Court, are ordered to

be released in favour of the respondent-Dula Ram and

accordingly, prays for compounding the offence and setting

aside the judgments and order of sentence in question.

Learned counsel for the respondent has not

denied the above position and submitted that Rs.48,000/-

in cash has been received by the respondent today from the

petitioner. Learned counsel prayed that Rs.37,500 and

Rs.20,000/- deposited by the petitioner before the learned

Trial Court and in the Registry of this Court, respectively,

be released in favour of the respondent. It was submitted

that the respondent accepts this amount towards

satisfaction of entire liability imposed upon the petitioner

under the judgments in question. Learned counsel further

submitted that the respondent has no objection, rather, he

is praying for compounding the offence, for which the

petitioner has been convicted by the learned Courts below

in the instant case.

.

In their separate statements recorded today, the

petitioner & respondent have reiterated their having settled

the matter and prayed for composition of the offence.

3. It is well settled that the offences under the

provisions of Negotiable Instruments Act are compoundable

even after the conviction of the accused. Since the parties

have settled the matter amongst themselves, therefore,

prayer of the petitioner for compounding the offence and for

setting aside the judgments of conviction and order of

sentence can be allowed. Ordered accordingly.

The offence, for which the petitioner has been

sentenced and convicted by the learned Judicial Magistrate

First Class Thunag, District Mandi, in its judgment dated

01.07.2021/09.07.2021, passed in Criminal Case No.135-

III/2021/2018 and affirmed by learned Sessions Judge

Mandi, H.P. vide judgment dated 14.02.2022 passed in

Criminal Appeal No.45/2021, is ordered to be compounded.

The judgment and sentence order dated 01.07.2021/

09.07.2021 passed by learned Judicial Magistrate First

Class Thunag, District Mandi, as affirmed by learned

Sessions Judge, Mandi vide judgment dated 14.02.2022,

are set aside. Petitioner is acquitted of all the charges. This

order is subject to the condition that the petitioner will

deposit 5% of the cheque amount with the Himachal

.

Pradesh State Legal Services Authority, within a period of

four weeks from today. Respondent is at liberty to withdraw

the amount of Rs.37,500/- deposited by the petitioner

before the learned Trial Court by making appropriate

application. The amount of Rs.20,000/- deposited by the

petitioner in the Registry of this Court is ordered to be

released in favour of the respondent on his giving

particulars of his bank account.

The present criminal revision stands disposed in

the above terms of, so also the pending miscellaneous

application(s), if any.

List for compliance on 22.05.2023.

                                             Jyotsna Rewal Dua





    April 21, 2023                                 Judge
        Mukesh