Himachal Pradesh High Court
Date Of Decision: 2.9.2024 vs Narender Singh And Anr on 2 September, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:7790
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
Criminal Revision No.459 of 2022
Date of Decision: 2.9.2024
_____________________________________________________________________
Nirmala Rana
.........Petitioner
Narender Singh and Anr.
.......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Loveneesh Thakur, Advocate.
For the Respondents: Mr. Ashish Verma, Advocate, for respondent No.1.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.
r Verma, Additional Advocates General with Mr. Ravi
Chauhan, Deputy Advocate General, for the State.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Instant criminal revision petition, lays challenge to judgment
dated 31.5.2022, passed by the learned Additional Sessions Judge-II,
Kangra at Dharamshala, District Kangra, HP, District Kangra, Himachal
Pradesh, in Criminal Appeal No. 11-G/X/21/19, affirming judgment of
conviction and order of sentence dated 3.1.2019, passed by the learned
Additional Chief Judicial Magistrate, Dehra, District Kangra, Himachal
Pradesh, in Criminal Complaint No. 178-III2/2011, 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 her to pay compensation to the
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tune of Rs. 50,000/- 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 cheque amounting to Rs. 50,000/-, but fact
remains that aforesaid cheque on its presentation, was 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
dated 3.1.2019, held the petitioner-accused guilty of having committed
offence under Section 138 of the Act and accordingly, sentenced her 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 Additional Sessions Judge-II, Kangra at Dharamshala,
District Kangra, Himachal Pradesh, which also came to be dismissed vide
judgment dated 31.5.2022, as a consequence of which, judgment of
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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 her 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.
r He states that sum of Rs. 25,000/-, already
stands deposited before the Registry of this Court, whereas demand draft of
Rs.25,000/- has been prepared in the name of learned Registrar General,
Himachal Pradesh High Court, Shimla. He states that since entire amount
of compensation stands paid to the respondent-complainant, this Court
may proceed to compound the offence.
2. While acknowledging factum with regard to compromise, Mr.
Ashish Verma, learned counsel for the respondent-complainant, submits
that his client shall have no objection in compounding the offence in case
sum of Rs. 25,000/- lying deposited before the Registry of this Court as
well as sum of Rs 25,000/- also proposed to be deposited by way of
demand draft, is released in his favour. He also states that since
respondent-complainant was unnecessarily dragged into litigation for
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realization of his own money, this Court may also award some litigation
.
cost.
3. Having taken note of the fact that entire amount of
compensation stands deposited with the Registry of this Court and the
accused has no objection in ordering release of the same in favour of the
respondent, coupled with the fact that and respondent 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.
4. Consequently, in view of the above, present matter is ordered to
be compounded and impugned judgments of conviction and sentence dated
3.1.2019 and 31.5.2022, 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. Bail
bonds, if any, are discharged. Since respondent-complainant was
unnecessarily compelled to institute the legal proceedings against the
accused that too for realization of his own money, this court deems it fit to
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direct the accused to pay sum of Rs. 10,000/- as litigation cost, to the
.
respondent-complainant, payable within six weeks. Ordered accordingly.
Apart from above, petitioner shall also be liable to pay 2% of the cheque
amount as compounding fee with the Himachal Pradesh State Legal
Services Authority, within aforesaid period. It is made clear that in case,
needful is not done within the time stipulated by this court, accused
besides rendering herself liable for penal consequences would also invite
contempt proceedings. Registry of this Court is also directed to release the
amount, if any deposited by the accused, on filing appropriate application,
detailing therein saving bank account details of respondent-complainant.
Registry of this Court is also directed to accept the aforesaid demand draft,
and thereafter, release the same in favour of the respondent-complainant
on receipt of application, if any. The petition is disposed of alongwith
pending applications, if any.
September 2, 2024 (Sandeep Sharma),
(manjit) Judge
