Brij Lal Thakur vs Sh. Mohinder Singh & Another
2023 Latest Caselaw 1826 HP

                                                            .
       IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA





                            Cr. Revision Petition No.324 of 2021
                            Decided on: 04.03.2023





    Brij Lal Thakur                                      ...Petitioner.
                     Versus
    Sh. Mohinder Singh & another                        ... Respondents.





    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?
    _____________________________________________________

    For the petitioner:     Mr. Mukul Sood, Advocate.

    For the respondents:    Mr. Pankaj Chaudhary, Advocate, vice
                            Mr. Vikas Rajput, Advocate, for respondent
                            No.1.
                            M/s Baldev Negi and Pushpinder Jaswal,


                            Additional   Advocates     General,    for
                            respondent No.2.




    Ajay Mohan Goel, Judge (Oral)

By way of this Revision Petition, the petitioner has

challenged judgment/order, dated 20.06.2018/23.06.2018, passed

by the Court of learned Chief Judicial Magistrate, Shimla, District

Shimla, H.P., in Cr. Complaint No. RBT 363­3 of 2014, titled as

Sh. Mohinder Singh Versus Sh. Brij Lal Thakur, which criminal case

stood disposed of by the learned Trial Court by sentencing the

present petitioner to undergo simple imprisonment for a period of

four months and also to pay Rs.95,000/­ as compensation to the

complainant, as well as judgment dated 28.09.2021, passed by

the Court of learned Additional Sessions Judge (II), Shimla, District

.

Shimla, H.P., in Criminal Appeal No.23­S/10 of 2018, titled as

Sh. Brij Lal Thakur Versus Sh. Mohinder Singh & another, 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.

2. By way of Cr.MP No.533 of 2023, a prayer has been

made for compounding of the offence, on behalf of the applicant.

3. 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 the respondent.

4. Learned counsel for the petitioner submits in view of

said development, it will be in the interest 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.

5. Having heard learned counsel for the parties 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, this Court orders the

compounding of the offence in question, subject to the payment of

.

5% of the cheque amount as compounding fee by the petitioner,

which shall be deposited by the petitioner with State Legal Services

Authority, Shimla, H.P.

6. At this stage, learned counsel for the petitioner informs

the Court that 5% of the cheque amount has been deposited with the

H.P. Legal Services Authority.

7. Accordingly, the conviction and sentence imposed upon

the petitioner by the Court of learned Chief Judicial Magistrate,

Shimla, District Shimla, H.P., in Cr. Complaint No. RBT 363­3 of

2014, titled as Sh. Mohinder Singh Versus Sh. Brij Lal Thakur,

which criminal case stood disposed of by the learned Trial Court by

sentencing the present petitioner to undergo simple imprisonment

for a period of four months and also to pay Rs.95,000/­ as

compensation to the complainant, as well as judgment dated

28.09.2021, passed by the Court of learned Additional Sessions

Judge (II), Shimla, District Shimla, H.P., in Criminal Appeal No.23­

S/10 of 2018, titled as Sh. Brij Lal Thakur Versus Sh. Mohinder

Singh & another, affirming the judgment of conviction and order of

sentence passed by learned Trial Court, are ordered to be set aside.

8. Let a compliance affidavit in this regard be thereafter

filed by the petitioner with the Registrar (Judicial). Learned counsel

for the petitioner is directed to place on record the photocopy of No

Dues Certificate attested during the course of the day itself. The

.

petition stands disposed of in above terms, so also any other pending

miscellaneous application(s), if any.

                                                 (Ajay Mohan Goel)





                                                        Judge
    March 04, 2023
       (Rishi)




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