Rajinder Sharma vs M/S Gujjar Mal Sansar Chand
2023 Latest Caselaw 8789 HP

           IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                                   Criminal Revision No. 457 of 2019




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                                                        Decided on: 3rd July, 2023





           Rajinder Sharma                                                       .......petitioner
                                                       Versus





           M/s Gujjar Mal Sansar Chand                                             ...Respondent
           Coram
           The Hon'ble Mr. Justice Virender Singh, Judge.




           Whether approved for reporting?1
           For the petitioner:      r                 Mr. Adarsh K. Vashisth, Advocate.
           For the respondent:                        Nemo.

           Virender Singh, Judge. (Oral)

Petitioner-Rajinder Sharma has filed the present

revision petition against the judgment dated 23.07.2019

passed by learned Additional Sessions Judge-III, Kangra at

Dharamshala (hereinafter referred to as the 'learned

Appellate Court').

2. By way of judgment dated 23.07.2019, the learned

Appellate Court has dismissed the appeal filed by petitioner

Rajinder Sharma bearing No. 3-P/X/2014.

3. The petitioner has filed the said appeal assailing

the judgment of conviction and order of sentence dated

16.12.2013 passed by learned Additional Chief Judicial

Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

Magistrate, Palampur, District Kangra, H.P. (hereinafter referred

.

to as the 'learned trial Court') in Criminal Complaint RBT

No.183-III/11/2013 titled as M/s Gujjar Mal Sansar Chand vs.

Rajinder Sharma.

4. By way of judgment of conviction and order of

sentence dated 16.12.2013, the learned trial Court has

convicted the petitioner for the offence punishable under

Section 138 of the Negotiable Instruments Act (hereinafter

referred to as the 'N.I. Act') and sentenced him to under

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

compensation of Rs. 2,00,000/-.

5. In the revision petition, which has been filed,

notices were ordered to be issued on 11.11. 2019, however,

despite the service of notice, no-one has put appearance on

behalf of the respondent, hence fresh notices were ordered to

be issued against the respondent on 17.11.2022. On that day,

the petitioner, through his Counsel, had shown his readiness

and willingness to pay the entire amount of compensation,

awarded by the learned trial Court.

6. On 27.3.2023, this Court passed the following

order:-

"Learned counsel representing the petitioner states that the parties have resolved to settle their dispute

.

amicably for sum of Rs. 1.00 lakh. He states that though petitioner has come present with Rs. 1.00 lakh, but since there is none to receive the aforesaid amount, matter

may be adjourned, enabling the petitioner to pay the money to the respondent directly. Learned counsel representing the petitioner states that as per the

instructions imparted to him, respondent/complainant is unable to come present to this Court to make statement with regard to compromise on account of

his ill health.

In view of the above, let both the parties remain present before learned Additional Chief Judicial Magistrate, Palampur for getting their statements

recorded with regard to compromise arrived interse them. Learned counsel representing the petitioner

undertakes to cause presence of the petitioner as well as respondent- complainant before learned Additional

Chief Judicial Magistrate, Palampur on 3.04.2023, enabling him to record the statements of both the

parties with regard to compromise. After recording the statements of both the parties, learned Additional Chief Judicial Magistrate, Palampur may sent the same to this Court, enabling this Court to dispose of the present petition in accordance with law.

Registry is directed to apprise the learned court below with regard to passing of the instant order, enabling him to do the needful well within stipulated time."

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7. In pursuance of the said order, the learned trial

Court has submitted the report. As per report, on 3rd April,

2023, the parties to the revision petition had appeared before

the learned trial Court and entered into a compromise.

Perusal of the record shows that the cheque amount has been

received by the complainant, in this case, before the learned

trial Court.

8. The statements of petitioner, as well as, one of the

partners of the complainant-firm have also been recorded.

The compromise deed has also been submitted before the

learned trial Court, according to which, the matter has been

settled between the parties.

9. Considering the mandate of Section 147 of the N.I.

Act, this Court is of the view that the compromise, which has

been effected between the parties, before the learned trial

Court should also be honoured by this Court.

10. Consequently, the matter is ordered to be

compounded between the parties. The entire amount of

compensation has been received by the complainant. The

judgment of conviction and order of sentence passed by the

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learned trial Court dated 16.12.2013 is set aside. The accused

(petitioner) is acquitted of the offence punishable under

Section 138 of the N.I. Act. This order, however, shall be

subject to deposit of 10% of the cheque amount as

compounding fee, which shall be deposited by the petitioner

Services Authority, Shimla.

r to within six weeks from today with the Secretary, H.P. State Legal

11. It is further clarified that in case, the petitioner

failed to deposit the amount within the stipulated period, then,

the present revision petition shall be deemed to have been

dismissed and the judgment of conviction and order of

sentence dated 16.12.2013 shall revive automatically and the

petitioner shall surrender before the learned trial Court to

undergo the substantive sentence imposed by the learned

trial Court. The bail bonds and surety bonds so furnished are

discharged.

12. With the above observations, the petition stands

disposed of, so also the pending applications, if any.

    July 03, 2023                                       ( Virender Singh )
          (naveen)                                            Judge










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