Nitin Sharma vs Yogi Suraj Nath Chela Mahant
2023 Latest Caselaw 15376 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Criminal Revision No.338 of 2022

.

                                              Decided on : 05.10.2023





    Nitin Sharma                                                             ...Petitioner

                                              Versus





    Yogi Suraj Nath Chela Mahant
    Shamboo Nath                                                           ...Respondent





    Coram

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

For the petitioner : Mr. Hemant Kumar Thakur & Mr.

Amandeep Singh, Advocates.

For the respondent : Mr. Sanjeev Kumar Suri, Advocate.

Virender Singh, Judge(oral)

Petitioner­Nitin Sharma has filed the present

revision petition against the judgment dated 11.05.2022,

passed by learned Additional Sessions Judge­(I), Una,

District Una (hereinafter referred to as the 'First Appellate

Court'), in Criminal Appeal No.50/2020, titled as Nitin

Sharma versus Yogi Suraj Nath Chela Mahant Shamboo

Nath.

2. By way of judgment dated 11.05.2022, the

learned First Appellate Court has dismissed the appeal

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

filed by the petitioner against the judgment of conviction

dated 11.11.2020 and order of sentence dated 20.11.2020,

.

passed by the Court of learned Judicial Magistrate First

Class, Court No.II, Amb, District Una, H.P., (hereinafter

referred to as the 'trial Court'), in Complaint No.294­I­

2017/2011, titled as Yogi Suraj Nath Chela Mahant

Shamboo Nath versus Nitin Sharma.

3. Vide judgment of conviction dated 11.11.2020

and order of sentence dated 20.11.2020, learned trial

Court has convicted the petitioner, 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 one year and to pay a compensation of

Rs.5,00,000/­ to the complainant.

4. After dismissal of the appeal by the learned

First Appellate Court, the present revision petition has

been preferred.

5. During the pendency of the revision petition,

before this Court, an application bearing Cr.MP No.2284 of

2023, has been filed by disclosing the details of the

amount, which, he has deposited before the Registry of this

Court, as well as, before the learned trial Court.

.

6. Thereafter, the petitioner has also moved Cr.MP

No.3522 of 2023, with a prayer to permit the parties to

compound the offence.

7. Today, the petitioner is present in person. He

has deposed that during the pendency of the revision

petition, he r has deposited the entire amount of

compensation, as awarded by the learned trial Court.

8. According to the petitioner, he has deposited a

sum of Rs.3,33,000/­, in the Registry of this Court and a

sum of Rs.1,67,000/­, before the learned trial Court. He

has also deposed that he has no objection, in case the

entire amount of compensation is released in favour of the

complainant.

9. Lastly, the petitioner has deposed that

permission to compound the offence may kindly be granted

and he may kindly be permitted to deposit the

compounding fee, within a period of eight weeks, from

today.

10. The application for compounding of the offence

has not been opposed by the learned counsel for the

.

respondent­complainant. He has submitted that the

amount of compensation, which has been deposited, by the

petitioner, before the learned trial Court, as well as, before

the Registry of this Court, may kindly be released, in

favour of the complainant.

11. Since, the entire amount of compensation has

already been deposited by the petitioner, the application,

bearing Cr.MP No.3522 of 2023, is allowed and the parties

are permitted to compound the offence.

12. Considering the fact that the application for

compounding of the offence has been allowed, the present

petition is allowed and the judgment of conviction dated

11.11.2020 and order of sentence dated 20.11.2020,

passed by learned trial Court in Criminal Complaint

No.294­I­2017/2011, which has been affirmed by learned

First Appellate Court, in Criminal Appeal No.50/2020, vide

judgment dated 11.05.2022, are set aside and the

petitioner is acquitted from the offence, punishable under

Section 138 NI Act. His personal and surety bonds are

cancelled and discharged.

.

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

of 8% of the cheque amount, as compounding fee, with the

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

Shimla, within a period of eight weeks from today.

14. It is further clarified that if the petitioner fails to

deposit the compounding fee, as ordered by this Court,

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

shall be deemed to have been dismissed, by reviving the

judgment of conviction 11.11.2020 and order of sentence,

dated 20.11.2020, 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.

15. The amount of compensation deposited in the

Registry of this Court, is ordered to be released in favour of

complainant­respondent Yogi Suraj Nath Chela Mahant

Shamboo Nath, by remitting the same to his Bank

Account, particulars of which, shall be furnished by the

complainant­respondent within four weeks.

16. Learned trial Court is also directed to release

the amount, so deposited by the petitioner, in favour of

.

complainant­respondent, on production of the copy of this

judgment, as well as, on furnishing of particulars of the

Bank account.

17. Pending miscellaneous applications, if any,

shall also stand disposed of.

                  r                       ( Virender Singh )
                                                Judge

    October 05, 2023(ps)