Basant Kumar vs Hemant Kumar
2023 Latest Caselaw 12366 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Criminal Revision No.438 of 2023

.

                                              Decided on : 25.08.2023





    Basant Kumar                                                             ...Petitioner

                                              Versus





    Hemant Kumar                                                           ...Respondent

    Coram

The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1

For the petitioner : Mr. Bonit Thakur, Advocate.

For the respondent : Ms. Abhilasha Kaundal, Advocate.

Virender Singh, Judge(oral)

Petitioner­Basant Kumar has filed the present

revision petition against the judgment dated 18.06.2022,

passed by learned Additional Sessions Judge,

Sundernagar, District Mandi (hereinafter referred to as the

'Appellate Court'), in Criminal Appeal No.195/2018, titled

as Basant Kumar versus Hemant Kumar.

2. By way of judgment dated 18.06.2022, the

learned Appellate Court has dismissed the appeal filed by

the petitioner against the judgment of conviction dated

Whether Reporters of local papers may be allowed to see the judgment? Yes.

12.09.2018 and order of sentence dated 15.09.2018,

passed by the Court of learned Additional Chief Judicial

.

Magistrate, Court No.1, Sundernagar, District Mandi, H.P.,

(hereinafter referred to as the 'trial Court'), in Criminal

Case No.212­I/2016, titled as Hemant Kumar versus

Basant Kumar.

3. Vide judgment of conviction 12.09.2018 and

order of sentence dated 15.09.2018, learned trial Court has

convicted the petitioner (hereinafter referred to as 'the

accused'), for the offence, punishable under Section 138 of

the Negotiable Instruments Act (hereinafter referred to as

the 'NI Act') and sentenced him to undergo simple

imprisonment, for a period of six months and to pay a

compensation of Rs.49,500/­ to the complainant.

4. After dismissal of the appeal by the learned

Appellate Court, the present revision petition has been

preferred.

5. Along with the revision petition, before this

Court, an application bearing Cr.MP No.3083 of 2023, has

been moved by the accused for compounding of the

offence, on the ground, that entire amount of compensation

has been paid by the accused to complainant Hemant

Kumar. It has also been averred that the matter has been

.

settled between the parties, as such, a request has been

made to permit the accused to compound the offence.

6. Factual position, as mentioned in the

application, as well as, receipt of the amount has not been

disputed by the learned counsel for the respondent.

7. Considering all these facts, the present revision

petition as well as, the application, under Section 482

Cr.PC, read with Section 147 of the NI Act is allowed. The

judgment of conviction dated 12.09.2018 and order of

sentence dated 15.09.2018, passed by learned trial Court

in Criminal Case No.212­I/2016, which has been affirmed

by learned Appellate Court, in Criminal Appeal

No.195/2018, vide judgment dated 18.06.2022, are set

aside and the accused is acquitted from the offence,

punishable under Section 138 NI Act. His personal and

surety bonds are cancelled and discharged.

8. However, this order shall be, subject to deposit

of 10% of the cheque amount, as compounding fee, with

the Member Secretary, H.P. State Legal Services Authority,

Shimla, within a period of four weeks from today.

.

9. It is further clarified that if the accused fails to

deposit the compounding fee, as ordered by this Court,

within a period of four weeks, then, the present petition

shall be deemed to have been dismissed, by reviving the

judgment of conviction dated 12.09.2018 and order of

sentence, dated 15.09.2018, passed by learned trial Court

and in that eventuality, he shall surrender before the

learned trial Court to undergo the substantive sentence,

imposed upon him, by the learned trial Court.

10. Pending miscellaneous applications, if any,

shall also stand disposed of.

( Virender Singh ) Judge

August 25, 2023(ps)