Prem Singh Verma vs Reeta Thakur
2023 Latest Caselaw 7091 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr. Revision Nos.264 & 266 of 2018 Decided on: 1st June, 2023

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1. Cr. Revision No. 264 of 2018

Prem Singh Verma ....Petitioner

Versus Reeta Thakur ...Respondent _________________________________________________________________

2. Cr. Revision No. 266 of 2018

Prem Singh Verma ....Petitioner Versus

Reeta Thakur ...Respondent _________________________________________________________________

Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner: Ms. Anu Tuli Azta, Advocate.

For the respondent: Mr. R.S.Chandel, Advocate.

Jyotsna Rewal Dua, Judge

The above two cases originate from two separate

proceedings initiated against the petitioner by the respondent

under Section 138 of the Negotiable Instruments Act.

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

2. The petitioner was convicted in both the cases by

learned Additional Chief Judicial Magistrate Theog, District

Shimla, H.P. vide separate judgments passed on 21.06.2017

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for having committed offence punishable under Section 138 of

Negotiable Instruments Act (the Act in short) and vide separate

orders dated 03.07.2017 passed in two cases, was sentenced

to undergo simple imprisonment for a period of two months in

both the cases and to pay compensation of Rs.3,55,000/- in

all to the complainant. The judgments of conviction and orders

of sentence in both the cases were affirmed by learned

Additional Sessions Judge (CBI), Shimla, H.P. vide separate

judgments dated 14.05.2018. These judgments and sentence

orders have been assailed by the petitioner in the instant

criminal revision petitions. Prayer has been made for the

petitioner to compound the offence in both the cases.

3. Learned counsel for the petitioner in both the

petitions states that out of total compensation amount of

Rs.3,55,000/- in both the cases, the petitioner has already

paid Rs.2,55,000/- to the respondent and deposited an

amount of Rs. 99,800/- in the Registry of this Court. The

petitioner has also paid litigation expenses of Rs.10,000/- and

remaining compensation amount of Rs.200/- to the

respondent today itself. This amount was towards full and

final satisfaction of the compensation amount awarded by the

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learned Trial Court in favour of the respondent. Litigation

charges as claimed by the respondent have also been paid. It

was, thus, submitted that the petitioner has discharged his

complete liability against the cheques in question in both the

cases.

4. Learned counsel for the respondent has not denied

the above position and submitted that Rs.2,55,000/- in cash

has been already been received by the respondent from the

petitioner. Learned counsel also stated that the litigation

charges of Rs.10,000/- and remaining compensation amount

of Rs.200/- have been paid to the respondent by the petitioner

today in the Court. Learned counsel prayed that Rs.99,800/-

deposited by the petitioner in the Registry of this Court, be

released in favour of the respondent. Learned counsel further

submitted that the respondent has no objection, rather, she is

praying for compounding the offences, for which the petitioner

has been convicted by the learned Courts below in the instant

cases.

5. 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

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settled the matter amongst themselves, therefore, prayer of the

petitioner for compounding the offences and for setting aside

the judgments of conviction and orders of sentence in both the

cases can be allowed. Ordered accordingly.

6. The offence, for which the petitioner has been

sentenced and convicted by the learned Additional Chief

Judicial Magistrate Theog, District Shimla, H.P., in its

judgments and sentence orders dated 21.06.2017/

03.07.2017, passed in Complaints No.261/3 & 262/3 of 2014

and affirmed by learned Additional Sessions Judge (CBI)

Shimla, H.P. vide judgments dated 14.05.2018 passed in

Criminal Appeals No. 22-T/10 & 24-T/10 of 2017, are ordered

to be compounded. The judgments and sentence orders dated

21.06.2017/03.07.2017 passed by Additional Chief Judicial

Magistrate Theog, District Shimla, as affirmed by learned

Additional Sessions Judge (CBI) vide judgments dated

14.05.2018, are set aside. Petitioner is acquitted of all the

charges in both the cases. This order is subject to the

condition that the petitioner will deposit 10% of the cheque

amount with the Himachal Pradesh State Legal Services

Authority, within a period of four weeks from today. The

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respondent is at liberty to withdraw the amount of

Rs.99,800/- deposited by the petitioner in the Registry of this

Court by making appropriate application and giving details of

bank account etc.

7. Both the above criminal revisions stand disposed

in the above terms of, so also the pending miscellaneous

application(s), if any.

List for compliance on 18.07.2023.

Jyotsna Rewal Dua Judge

June 1, 2023 R.Atal