Himachal Pradesh High Court
Mehar Singh vs Ved Ram on 2 May, 2024
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
Cr. Revision No.265 of 2024
Date of Decision : 02.05.2024
Mehar Singh
...... Petitioner
Versus
Ved Ram
......Respondent
_________________________________________________________
Coram:
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1
For the petitioner : Ms. Anita Jalota, Advocate.
For the respondent : Ms. Niranjana, Advocate.
Bipin Chander Negi, Judge (oral)
1. Briefs facts giving rise to the case at hand are that on a
complaint filed by the present respondent against the petitioner under
Section 138 of the Act before Additional Chief Judicial Magistrate,
Rampur BSR, District Shimla, H.P., in Complaint No.12/2018, the
petitioner had been convicted and sentenced to undergo simple
imprisonment for a period of six months and to pay a compensation
amount of Rs. 1,50,000/- to the complainant.
Whether reporters of Local Papers may be allowed to see the judgment?
2. Feeling aggrieved with the aforesaid judgment dated 05.09.2023
and order of sentence dated 26.09.2019, the present petitioner had
.
preferred Criminal Appeal No. 39 of 2019. The said appeal was
dismissed vide judgment dated 09.12.2021.
3. Feeling aggrieved by the aforesaid judgment, the present
petitioner had preferred present Criminal Revision before this Court.
4. During pendency of the present Revision Petition, the petitioner
had compromised the matter with the respondent.
5. Now, in order to settle the matter with the respondent, the wife
of the petitioner approached the respondent and paid the remaining
compensation amount, i.e., Rs.50,000/- as per settlement (Receipt
Annexure A-A/T), after arranging the same from the friends and
relatives. An amount of Rs.40,000/- has already been paid by the
petitioner himself.
6. In the instant Revision Petition, an application under Section 147
of Negotiable Instruments Act (hereinafter referred to as "the N.I. Act"),
i.e., Cr. MP No.1508 of 2024, for compounding of offence punishable
under Section 138 of the N.I. Act, has been filed by the petitioner. No
reply is intended to be filed to the present application.
7. Consequently in view of aforesaid, this Court finds no
impediment in accepting the prayer made on behalf of the petitioner
through application (Cr.M.P. No. 1508 of 2024) for compounding of the
offence and the same is allowed. The matter is ordered to be
compounded inter se parties. Impugned judgments of conviction and
.
order of sentence passed by both the learned Courts below are
quashed and set aside. Petitioner-accused is acquitted of the offence
punishable under Section 138 of the N.I. Act.
8. In terms of judgment passed by the Hon'ble Apex Court in
Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663, the
petitioner was required to pay compounding fee i.e. 15 % of the cheque
amount as costs.
9. The present petitioner has filed an application being Cr.MP
No.1509 of 2024 through his wife for exemption from depositing the
compounding fee in the case at hand.
10. From perusal of the application, it is evident that during
pendency of the present Criminal Revision Petition, the petitioner-
accused has been arrested on 10.04.2024, as he could not manage to
pay the compensation amount and since then he is behind the bars in
Model Central Jail, Kanda, District Shimla. No reply is intended to be
filed to the present application.
11. A perusal of the application reflects that the financial condition of
the family is in the doldrums as on account of the untimely heavy
hailstrom their crop has totally been damaged. The petitioner is the
sole bread earner of the family.
12. Keeping in view the attending facts and circumstances of the
case, the petitioner is exempted from paying the compouding fee, in
.
the case at hand.
13. The concerned Jail Superintendent is directed to release the
petitioner forthwith in the case at hand, if not required in any other
case.
14. A soft copy of the order to the Superintendent of Model Central
Jail, Kanda, District Shimla through email. In case, the petitioner is not
released within a period of seven days, the Superintendent of Model
Central Jail, Kanda, District Shimla, is directed to inform this fact to the
Secretary, DLSA, Shimla.
15. Petition stands disposed of in the aforesaid terms, so also the
pending miscellaneous application(s), if any.
( Bipin Chander Negi)
May 02, 2024 (KS) Judge
