Roshan Lal vs Dinesh Kumar
2024 Latest Caselaw 14001 HP

Himachal Pradesh High Court

Roshan Lal vs Dinesh Kumar on 17 September, 2024

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                              Cr. Revision No. 185 of 2023




                                                                                   .
                                              Date of Decision: 17.9.2024.






    Roshan Lal                                                                   ...Petitioner

                                          Versus





    Dinesh Kumar                                                                 ...Respondent


    Coram

    Hon'ble Mr Justice Rakesh Kainthla, Judge.

    Whether approved for reporting?1 No.

    For the Petitioner                :         Mr. Rajesh Kashyap, Advocate.



    For the Respondent                :         Mr. Jeevesh Sharma, Advocate.




    Rakesh Kainthla, Judge (Oral):

The petitioner has filed a receipt regarding the

deposit of ₹33,405/- being 15% of the cheque amount in terms

of order dated 16.9.2024.

2. Learned counsel for the respondent/complainant has

submitted that the matter has been settled between the parties

and in view of the settlement, he does not want to proceed with

the complaint filed by him.

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

3. In view of the settlement, the present petition is

allowed and the judgment dated 24.12.2022, passed by learned

.

Additional Sessions Judge-II, Shimla in Criminal Appeal No.6-

T/10 of 2022, titled Roshan Lal versus Dinesh Kumar and the

judgment of conviction and order of sentence passed by learned

Additional Chief Judicial Magistrate, Theog, District Shimla, H.P.

in Criminal Case No. 445/3 of 2016, titled Dinesh Kumar Vs.

Roshan Lal, decided on 6.4.2022 are ordered to be set-aside.

4. In view of the compromise effected between the

parties, the complaint is dismissed as withdrawn and the

accused is acquitted of the commission of offence punishable

under Section 138 of Negotiable Instruments Act. The

complainant will be entitled to the refund of ₹1,20,000/-,

deposited before this Court and ₹80,000/- deposited before

learned Additional Chief Judicial Magistrate, Theog, District

Shimla, H.P., along with interest, if any, by remitting the same

in his bank account, particulars whereof are to be furnished by

him, if not furnished earlier, subject to proper receipt and

identification. The bail bonds, so furnished by the

petitioner/accused are cancelled and surety stands discharged.

5. Presently, the petitioner/accused is in custody. He be

released forthwith, if not required in any other case.

.

6. Release warrants be prepared accordingly.

7. A copy of this judgment be sent to learned Trial Court

through FASTER for necessary compliance.

(Rakesh Kainthla) Judge 17th September, 2024 (Chander)