Lal Deen vs Manoj Kumar & Anr
2023 Latest Caselaw 5228 HP

                      IN THE HIGH COURT OF HIMACHAL PRADESH,
                                    SHIMLA

                                                Cr. Revision No.665/2022




                                                                          .
                                                Decided on: 08.05.2023





    Lal Deen                                                       ...Petitioner

                                           Versus





    Manoj Kumar & Anr.                            ...Respondents
    ............................................................................................
    Coram
    Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
    Whether approved for reporting?1

    For the petitioner :

    For the respondent :
                         r               to  Mr. Parveen Chauhan, Advocate.

                                             Mr. Ashok Verma, Advocate, for
                                             respondent No.1.

                                             Mr. Rajan Kahol, Additional
                                             Advocate General, for respondent
                                             No.2.



    Jyotsna Rewal Dua, J.

The petitioner was convicted by the learned Judicial

Magistrate First Class Tissa, District Chamba, H.P. on 05.04.2022 for

having committed offence punishable under Section 138 of

Negotiable Instruments Act (the Act in short). He was sentenced to

undergo simple imprisonment for a period of one year and to pay

compensation of Rs.2,15,000/- to the complainant. The judgment of

conviction and order of sentence were affirmed by the learned

Sessions Judge, Chamba, Division Chamba, H.P. vide judgment

Whether reporters of the local papers may be allowed to see the judgment?

dated 01.10.2022. These judgments and sentence 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.86,000/- before the learned Trial Court.

Learned counsel further submitted that the remaining amount of

Rs.1,29,000/- in cash has been handed over to the

respondent/complainant today (08.05.2023) before this Court.

Learned counsel also submitted that the petitioner has no objection,

in case, the amount deposited by him before the learned Trial Court,

is ordered to be released in favour of the respondent-Manoj Kumar

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.1,29,000/- in cash has been

received by the respondent today from the petitioner. Learned

counsel prayed that Rs.86,000/- deposited by the petitioner before

the learned Trial Court, be released in favour of the respondent.

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 having settled the matter &

.

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 Tissa, District Chamba, in its judgment dated 05.04.2022,

passed in Criminal Complaint No.52/19/17 and affirmed by learned

Sessions Judge Chamba, H.P. vide judgment dated 01.10.2022

passed in Criminal Appeal No. 018/2022, is ordered to be

compounded. The judgment and sentence order dated 05.04.2022,

passed by learned Judicial Magistrate First Class Tissa, District

Chamba, as affirmed by learned Sessions Judge, Chamba vide

judgment dated 01.10.2022, 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 three

weeks from today. Respondent is at liberty to withdraw the amount of

Rs.86,000/- deposited by the petitioner before the learned Trial Court

.

by moving appropriate application.

The present criminal revision stands disposed in the

above terms, so also the pending miscellaneous application(s), if any.

List for compliance on 30.05.2023.

                                                Jyotsna Rewal Dua
                                                     Judge
     8th May, 2023
           (tarun)      r