Mahinder Singh vs Surender Kumar & Anr
2024 Latest Caselaw 17540 HP

Himachal Pradesh High Court

Mahinder Singh vs Surender Kumar & Anr on 18 November, 2024

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision No.528 of 2024 Date of Decision: 18th November, 2024.

         Mahinder Singh                                               .....Petitioner.
                                            Versus

         Surender Kumar & Anr.                                       .....Respondents.


         Coram

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

Whether approved for reporting?1 For the Petitioner: Mr. R.L. Chaudhary, Advocate.

For the Respondent: Mr. Sunil K. Banyal, Advocate, for respondent No.1.

Mr. B.N. Sharma, Addl. Advocate General, for respondent No.2

Bipin Chander Negi, Judge (oral).

CR. Revision No.528/24 and Cr. MP No.4204/24

In the present Criminal Revision Petition bearing No.528

of 2024 a Cr.MP No.4204 of 2024 for compounding of the

offence has been filed.

2. The present criminal revision has been filed against the

judgment dated 14.03.2024, whereby the petitioner was

convicted by the learned Judicial Magistrate First Class Chachiot

at Gohar, camp at Thunag, Mandi, District Mandi, HP for having

committed offence punishable under Section 138 of Negotiable

Instruments Act (hereinafter referred to as NI Act). He was

sentenced to undergo simple imprisonment for a period three

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

months and to pay compensation of Rs.,6,50,000/- to the

complainant and in default of payment to further undergo

simple imprisonment for a period of 15 days. The judgment of

conviction and order of sentence were affirmed by the learned

Sessions Judge, Mandi Division, District Mandi, H.P, vide

judgment dated 03.07.2024. Both these judgments and

sentence order have been assailed by the petitioner in the

instant criminal revision petition.

3. No reply is intended to be filed on behalf of the non-

applicant and non-applicant has no objection, if in case Cr.MP

No.4204 of 2024 is allowed. Other than the aforesaid, for the

reason stated in the application that a compromise has been

entered into inter se the applicant/petitioner and

respondent/complainant, the present application for

compounding of the offences is allowed. The compromise is

appended with the application as Annexure A5.

4. The judgment of conviction and order of sentence

passed, in the case at hand, by the trial Court and upheld by the

Sessions Judge vide impugned judgment dated 03.07.2024 are

quashed and set aside, subject to depositing of 5 % of the

cheque amount as compounding fee. The same shall be paid to

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

within four weeks from today in terms of judgment passed by

the Hon'ble Apex Court in Damodar S. Prabhu vs. Sayed

Babalal H. (2010) 5 SCC 663. It is made clear that the setting

aside of the conviction and order of sentence in the case at hand

is subject to petitioner depositing 5 % of the cheque amount as

costs before H.P. State Legal Services Authority.

The present criminal revision stands disposed in the

above terms of, so also the pending miscellaneous

application(s), if any.

(Bipin Chander Negi) Judge

18th November, 2024 (Gaurav Rawat)