Himachal Pradesh High Court
Date Of Decision: 07.08.2024 vs Ravi Kant on 7 August, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:6501
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Criminal Revision No. 484 of 2024
Date of Decision: 07.08.2024
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Ranjeet @ Jeet .......Petitioner
Versus
Ravi Kant ... Respondent
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Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner:
For the Respondent: to
Mr. H.S.Rangra, Advocate.
Mr. Ashwani Kumar, Advocate.
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Sandeep Sharma, Judge(oral):
Instant Revision Petition filed under Section 438/442 of
Bharatiya Nagarik Suraksha Sanhita, 2023, lays challenge to
judgment dated 03.06.2024 passed by learned Sessions Judge,
Mandi, District Mandi, Himachal Pradesh in Cr. Appeal No. 25 of
2024, affirming the judgment of conviction and order of sentence
dated 06.01.2024 passed by learned Judicial Magistrate, First Class,
Court No.3, Mandi, District Mandi, Himachal Pradesh in criminal
complaint No. 62 of 2018, whereby learned trial Court, while holding
the petitioner-accused (hereinafter, 'accused') guilty of having
committed offence punishable under S. 138 of the Negotiable
Instruments Act, (for short 'Act') convicted and sentenced him to
Whether the reporters of the local papers may be allowed to see the judgment?
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undergo simple imprisonment for a period of four months and pay
compensation to the tune of Rs.5,50,000/- to the respondent-
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complainant (hereinafter, 'complainant').
2. Precisely, the facts of the case, as emerge from the
record are that the respondent-complainant instituted a complaint
under Section 138 of the Act in the competent Court of law, alleging
therein that cheque bearing No.008958, dated 23.09.2017, amounting
to Rs.3,20,000/- drawn on IDBI Bank, Mandi, District Mandi, Himachal
Pradesh, having been issued by the petitioner-accused towards
discharge of his lawful liability was dishonoured on account of
insufficient funds in the bank account of the accused. Since, despite
having received legal notice, accused failed to make the payment
good well within stipulated time, complainant was compelled to initiate
proceedings under Section 138 of the Act in the competent Court of
law, which subsequently, on the basis of evidence adduced on record
by the respective parties, held the accused guilty of having committed
offence punishable under S. 138 of Act and accordinigly convicted
and sentenced him as per description given herein above.
3. Though, being aggrieved and dissatisfied with aforesaid
judgment of conviction and order of sentence passed by learned trial
Court, accused preferred an appeal in the court of learned Sessions
Judge, Mandi, District Mandi, H.P, but same was dismissed vide
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judgment dated 03.06.2023. In the aforesaid background, accused
has approached this court in the instant proceedings, praying therein
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for his acquittal after setting aside judgments of conviction and order
of sentence passed by both the learned Courts below.
4. Vide order dated 31.07.2024, this Court suspended the
substantive sentence imposed upon the accused by learned trial
Court, subject to the petitioner-accused depositing 50% of the
compensation amount and furnishing bail bonds in the sum of
Rs. 50,000/-, with one surety of the like amount to the satisfaction of
learned trial Court.
5. Before the case at hand could be heard and decided on
its own merit, petitioner has entered into the compromise with the
respondent-complainant, whereby they have resolved to settle their
dispute amicably interse them. On account of the compromise,
petitioner filed an application bearing Cr.MP No.3232 of 2024, under
Section 147 of the Act, praying therein for compounding the offence.
6. Today, during the proceedings of the case, learned
counsel representing the petitioner states that the petitioner has
entered into the compromise with the respondent-complainant,
whereby they have resolved to settle their dispute amicably. He
states that sum of Rs. 1,45,000/- has been already paid to the
complainant, whereas sum of Rs. 1,65,000/- lying deposited with the
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learned trial Court can be ordered to be released in favour of the
respondent-complainant and thereafter this Court, while exercising
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power under Section 147 of the Act, may proceed to compound the
offence and acquit the accused of charge framed against him under
Section 138 of the Act.
7. Mr. Ashwani Kumar, learned counsel representing the
respondent-complainant submits that respondent-complainant shall
have no objection in compounding the offence in case, amount lying
deposited with the learned trial Court, is ordered to be released in his
favour.
8. Having taken note of the fact that entire amount of
compensation has been agreed to be paid to the respondent-
complainant and respondent-complainant 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.
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9. Consequently, in view of the above, present matter is
ordered to be compounded and impugned judgments of conviction
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and order of sentence passed by the courts below are 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.
10. The petitioner-accused is directed to deposit 2% of the
cheque amount with the H.P. State Legal Service Authority as
compounding fee within a period of four weeks, failing which, he shall
render himself liable for penal consequences as well as contempt of
the Court.
11. Learned trial Court is directed to release the amount lying
deposited with it in favour of the respondent-complainant on his filing
appropriate application.
(Sandeep Sharma),
Judge
August 07,2024
(shankar)
