Himachal Pradesh High Court
_____________________________________________________________________ vs Chander Singh on 4 October, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Criminal Revision No.494 of 2024
Date of Decision: 4.10.2024
_____________________________________________________________________
Madan Lal
.........Petitioner
Chander Singh
.......Respondent
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Shyam Singh Chauhan, Advocate.
For the Respondent: Mr. Subhash Chander, Advocate vice Mr. Ketan
Singh, Advocate.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Instant criminal revision petition, lays challenge to judgment
dated 1.5.2024, passed by the learned Sessions Judge Kullu, District Kullu,
Himachal Pradesh in Criminal Appeal No. 19 of 2023, affirming judgment of
conviction and order of sentence dated 3.4.2023, passed by the learned
Judicial Magistrate First Class, Banjar, District Kullu, Himachal Pradesh, in
Case Registration No. 934/19/17, 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
two months and pay compensation to the tune of Rs. 6,00,000/- to the
respondent-complainant (herein after referred to as the "complainant" ).
2. Precisely, the facts of the case, as emerge from the record are that
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
her liability issued two cheques amounting to Rs.2,00,000/- and 3,10,000/-,
but fact remains that aforesaid cheques, on their presentation, were
dishonoured on account of insufficient funds. 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 pleadings as well as evidence
adduced on record by the respective parties, vide judgment/order 3.4.2023,
held the petitioner-accused guilty of having committed offence under Section
138 of the Act and accordingly, 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, District Kullu, Himachal Pradesh, which also
came to be dismissed vide judgment dated 1.5.2024, as a consequence of
which, judgment of conviction recorded by the learned trial Court came to be
upheld. In the aforesaid background, 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. Before case at hand could be heard and decided on its own merit,
learned counsel for the petitioner-accused states that parties have entered into
compromise, whereby petitioner has agreed to pay the entire amount of
compensation. Learned counsel for the petitioner states that since entire
amount of compensation stands paid to the respondent-complainant, this
Court may proceed to compound the offence.
6. While acknowledging factum with regard to compromise, Mr.
Subhash Chander, learned counsel for the respondent-complainant, submits
that his client has no objection in compounding the offence in case sum of Rs.
1,50,000/- and Rs. 1,00,000/- lying deposited before the Registry of this Court
and Judicial Magistrate First Class, is ordered to be released in favour of the
respondent.
7. Having taken note of the fact that entire amount of compensation
stands paid to the complainant, coupled with the fact that he 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.
8. Consequently, in view of the above, present matter is ordered to
be compounded and impugned judgments of conviction and sentence dated
3.4.2023 and 1.5.2024, 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. Registry
of this Court as well as learned trial court below are directed to release the
amount on filing appropriate application, detailing therein saving bank
account details of respondent-complainant. The petition is disposed of
alongwith pending applications, if any.
October 4, 2024 (Sandeep Sharma),
(manjit) Judge
