Himachal Pradesh High Court
Date Of Decision: 1.8.2024 vs Joginder Singh on 1 August, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:6187
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.R. No. 13 of 2023
.
Date of Decision: 1.8.2024
_____________________________________________________________________
Ranjeet Singh Mehta
.........Petitioner
Versus
Joginder Singh
.......Respondent
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Prashant Chauhan, Advocate vice Mr.
r Sarthak Mehta, Advocate.
For the Respondent: Mr. Dibender Ghosh, Advocate.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Instant criminal revision petition, lays challenge to judgment
dated 1.10.2022, passed by the learned Sessions Judge, Kinnaur at
Rampur Bushahr, District Shimla, H.P., in Criminal Appeal CIS No.10 of
2022, affirming judgment of conviction and order of sentence dated
15.3.2022, passed by the learned Additional Chief Judicial Magistrate
Rampur Bushahr, District Shimla, H.P., in criminal case No. 136-3 of 2014
CIS No. 148/2014, whereby the learned trial Court while holding the
petitioner-accused guilty of having committed offence punishable under
Section 138 of the Negotiable Instruments Act (in short the "Act"), convicted
and sentenced him to undergo simple imprisonment for a period of one
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year and pay compensation to the tune of Rs. 3,06,000/- to the
complainant.
.
2. Precisely, the facts of the case, as emerge from the record are
that respondent-complainant instituted a complaint under Section 138 of
the Act, in the competent court of law., alleging therein that accused with a
view to discharge his liability issued cheque No. 000033, dated 31.12.2013
amounting to Rs. 2,00,000/- in favour of the complainant, but fact remains
that aforesaid cheque on its presentation, was dishonoured. Since
petitioner-accused failed to make the payment good within the time
stipulated in the legal notice, respondent/complainant was compelled to
initiate proceedings before the competent Court of law under Section 138 of
the Act.
3. Learned trial Court on the basis of material adduced on record
by the respective parties, vide judgment/order dated 15.3.2022, held the
petitioner-accused guilty of having committed offence under Section 138 of
the Act and accordingly, convicted and sentenced him as per the
description given herein above.
4. Being aggrieved and dissatisfied with the aforesaid judgment of
conviction recorded by the court below, accused preferred an appeal in the
court of learned Sessions Judge, Kinnaur Sessions Division at Rampur
Bushahr, which also came to be dismissed vide judgment dated 1.10.2022,
3 2024:HHC:6187
as a consequence of which, judgment of conviction recorded by the learned
trial Court came to be upheld. In the aforesaid background, present
.
petitioner-accused has approached this Court by way of instant
proceedings, seeking therein his acquittal after setting aside the judgments
of conviction recorded by the courts below.
5. Vide order dated 12.1.2023, this Court suspended the sentence
imposed by the court below subject to the petitioner's depositing 50% of the
6.
r to
compensation amount and furnishing personal bonds within six weeks.
Before case at hand could be heard and decided on its own
merits, parties have entered into compromise, whereby petitioner has
agreed to pay entire the amount of compensation awarded by the court
below.
7. Learned counsel for the petitioner, on instructions, states that
sum of Rs.1,00,000/- stands deposited with the Registry of this Court and
sum of Rs. 61,200/- is lying deposited with the learned trial court, whereas
sum of Rs. 1,44,800/- already stands deposited in the saving bank account
of the complainant and as such, this Court while exercising power under
Section 147 of the Act, may compound the offence and acquit the accused.
8. While fairly acknowledging factum with regard to receipt of Rs.
1,44,800/- by the complainant, Mr. Dibender Ghosh, learned counsel
appearing for the respondent-complainant states that his client shall have
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no objection in compounding the offence in case the amount lying
deposited in the Registry of this court as well as learned trial court is
.
ordered to be released in favour of the complainant.
9. Having taken note of the fact that entire amount of
compensation stands paid or agreed to be paid to the respondent-
complainant and respondent has no objection in compounding the offence,
this Court sees no impediment in accepting the prayer made on behalf of
the petitioner for compounding of offence while exercising power under
Section 147 of the Act as well as in terms of guidelines issued by the
Hon'ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5
SCC 663, wherein it has been categorically held that court, while exercising
power under Section 147 of the Act, can proceed to compound the offence
even after recording of conviction.
10. Consequently, in view of the above, present matter is ordered to
be compounded and impugned judgments of conviction and sentence dated
1.10.2022 and 15.3.2022, passed by the courts below are quashed and set-
aside and the petitioner-accused is acquitted of the charge framed against
him under Section 138 of the Act. Interim order, if any, is vacated. Bail
bonds, if any, are discharged. Petitioner is also liable to pay 5% of the
cheque amount as compounding fee with the Himachal Pradesh State Legal
Services Authority, within four weeks. It is made clear that in case, needful
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is not done within the time stipulated by this court, accused besides
rendering himself liable for penal consequences would also invite contempt
.
proceedings. Registry of this Court as well as learned trial court below are
also directed to release the amount, if any deposited by the accused with
up-to-date interest, on filing appropriate application, detailing therein
saving bank account details of respondent-complainant. The petition is
disposed of alongwith pending applications, if any.
August 1, 2024
(manjit)
r to (Sandeep Sharma),
Judge
