Gopal Singh vs State Of Hp & Ors
2024 Latest Caselaw 17360 HP

Himachal Pradesh High Court

Gopal Singh vs State Of Hp & Ors on 14 November, 2024

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.887/2024.

Date of Decision: 14th November, 2024.

     Gopal Singh                                                 .....Petitioner
                                         Versus

     State of HP & Ors.                                       .....Respondents
     Coram

The Hon'ble Mr. Justice Bipin Chander Negi, Judge.

Whether approved for reporting?1

For the Petitioner: Mr. Rajeev Sharma, Advocate.

For the Respondents: Mr. Diwakar Dev Sharma, Addl. Advocate

/State.

                                        Ms. Shailja Thakur,                   Advocate,   for
                                        respondent No.5.

              Bipin Chander Negi, Judge (oral).

              Cr. MP No.3747 of 2024

The present petition has been filed under Section 147 of

the Negotiable Instruments Act for quashing and setting aside

of the judgment dated 29-06-2024 passed by the Learned

Sessions Judge Kullu, District Kullu, H.P. in Criminal Appeal No.

74 of 2023 affirming the judgment of conviction and order of

sentence dated 07-11-2023 passed by the Learned Judicial

Magistrate First Class Banjar, District Kullu, H.P. in Criminal

Case No. 233/19/15 R. No. 208/2023, titled Yashwant Singh Vs.

Gopal Singh, whereby the present petitioner has been convicted

and sentence has been imposed, whereby the present petitioner

has been held liable to pay a compensation of Rs.2.5 lac and to

undergo simple imprisonment for a period of 2 months.

Whether reporters of Local Papers may be allowed to see the judgment?

2. Heard counsel for the parties and perused the pleadings

appended along with the present petition.

3. The matter inter se the parties has been compromised.

The same is evident from compromise deed dated 29.06.2024

(Annexure P-3) duly signed by the counsels for the parties and

the parties respectively. Learned counsel for the respondents

do not intend to file any reply to the present application. They

have no objection, if in case the present application is allowed

and the offences, in the case at hand, are permitted to be

compounded.

4. Compounding, in the case at hand, in the aforesaid facts

is permissible, however, subject to the petitioner's depositing

15% of the cheque amount as costs. The same shall be paid to

the H.P. State Legal Services Authority, Kussumpati, Shimla,

H.P. within four weeks from today in terms of law laid down by

the Apex Court in Damodar S. Prabhu vs. Sayed Babalal H.

(2010) 5 SCC 663.

5. In view of the aforesaid, conviction and sentence

imposed upon the present petitioner vide judgment dated

29.06.2024 passed by the learned Sessions Judge Kullu, District

Kullu, HP in Criminal Appeal No. 74 of 2023, whereby the

judgment of conviction and order of sentence dated 07-11-2023

passed by the Learned Judicial Magistrate First Class Banjar,

District Kullu, H.P. in Criminal Case No. 233/19/15 R. No.

208/2023 titled as Yashwant Singh & Gopal Singh has been

affirmed is quashed and set aside. However, it is made clear

that aforesaid compounding is subject to deposit of the

compounding fee as has been stated supra.

The pending miscellaneous application(s) shall also

stand disposed of.

(Bipin Chander Negi) Judge

14th November, 2024 (Gaurav Rawat)