Himachal Pradesh High Court
Date Of Decision: 26.09.2024 vs Shyam Bihari Lal on 26 September, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:9171
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Revision No. 422 of 2024
Date of Decision: 26.09.2024
__________________________________________________________________________
Mohan Sharma
.
.........Petitioner
Versus
Shyam Bihari Lal
.......Respondent
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the petitioner: Mr. Atul G. Sood, Advocate.
For the Respondent: Mr. Ankit Chauhan, Advocate.
_________________________________________________________________________
Sandeep Sharma, J. (Oral)
Instant criminal revision petition filed under Section 397 read
with Section 401 of the Code of Criminal Procedure, lays challenge to
judgment dated 01.03.2024 passed by learned Additional Sessions Judge-
II, Shimla, District Shimla, H.P., in Criminal Appeal No. 36-S/10 of 2023,
affirming the judgment of conviction and order of sentence dated
01.07.2023/22.07.2023 passed by learned Additional Chief Judicial
Magistrate, Theog, District Shimla, H.P., in Criminal Complaint No. 448-
03-2018, whereby learned Court below, while holding petitioner-accused
(hereinafter 'accused') guilty of having committed offence punishable
under Section 138 of the Negotiable Instruments Act (for short 'Act')
convicted and sentenced him to undergo simple imprisonment for a period
of one year and pay compensation to the tune of Rs. 4,00,000/- to the
respondent-complainant (hereinafter 'complainant).
2024:HHC:9171
2. Precisely, the facts of the case, as emerge from the record are
that complainant filed a complaint under Section 138 of the Act in the
competent Court of law, alleging therein that accused with a view to
.
discharge his liability issued cheque bearing No. 526897 dated 10.06.2018
amounting to Rs. 2,00,000/- in favour of complainant, however, the same
was dishonoured on account of insufficient funds in the bank account of
the accused. Since accused failed to make the payment good within the
time stipulated in the legal notice, complainant was compelled to initiate
proceedings under Section 138 of the Act before the competent Court of
law.
3. Learned trial Court on the basis of material adduced on record
by the respective parties, vide judgment/order dated
01.07.2023/22.07.2023, held the accused guilty of having committed
offence punishable under Section 138 of the Act and accordingly, convicted
and sentenced him as per the description given hereinabove.
4. Being aggrieved and dissatisfied with the aforesaid judgment of
conviction recorded by the learned Court below, accused preferred an
appeal in the court of learned Additional Sessions Judge-II, Shimla,
District Shimla, H.P., which came to be dismissed vide judgment dated
01.03.2024, as a consequence of which, judgment of conviction recorded
by the learned trial Court came to be upheld. In the aforesaid background,
present 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.
2024:HHC:9171
5. Vide order dated 12.07.2024, this Court suspended the
substantive sentence imposed by the learned trial Court below subject to
accused depositing 50% of the compensation amount and furnishing
.
personal bond in the sum of Rs. 20,000/- within a period of four weeks.
6. In terms of aforesaid order passed by this Court, accused has
deposited the 50% of the compensation amount with the learned trial
Court.
7. Today, during proceedings of the case, learned counsel for the
accused, states that accused is ready and willing to make payment of
entire compensation amount awarded by the learned Court below. He
states that since accused has no objection in case, sum of Rs. 2,80,000/-
in Cr. Revision No. 422 of 2024 and sum of Rs. 7,400/- in Cr. Appeal No.
197 of 2024 lying deposited with the learned trial Court are ordered to be
released in favour of the complainant, this Court, while exercising power
under Section 147 of the Act may proceed to compound the offence and
acquit the accused from the charge framed against him.
8. Mr. Ankit Chauhan, Advocate, while putting in appearance on
behalf of complainant, who is present in Court, states that in case sum of
Rs. 2,80,000/- in Cr. Revision No. 422 of 2024 and sum of Rs. 7,400/- in
Cr. Appeal No. 197 of 2024 lying deposited with the learned trial Court are
ordered to be released in favour of complainant, complainant shall have no
objection in compounding the offence. Complainant states on oath that he
of his volition and without any external pressure, has entered into
compromise with the accused, whereby they have agreed to settle the
dispute amicably. He states that in case sum of Rs. 2,80,000/- in Cr.
2024:HHC:9171
Revision No. 422 of 2024 and sum of Rs. 7,400/- in Cr. Appeal No. 197 of
2024 are ordered to be released in his favour, he shall have no objection in
compounding the offence, but some amount qua litigation charges may be
.
awarded in his favour because he was unnecessarily dragged into litigation
for realization of his own money. His statement is taken on record.
9. Since parties have resolved to settle their dispute amicably
inter se them, as has been taken note hereinabove, coupled with the fact
that complainant has no objection in compounding the offence, in the
event of his being released the amount lying deposited with the learned
trial Court, this Court sees no impediment in accepting the prayer made on
behalf of the accused for compounding the 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.
10. Consequently, in view of the discussion made hereinabove as
well as law taken into consideration, present matter is ordered to be
compounded and impugned judgments of conviction and sentence dated
01.03.2024 and 01.07.2023/22.07.2023, passed by the learned Courts
below are quashed and set-aside and the 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, discharged. The petition is disposed of
alongwith pending applications, if any.
2024:HHC:9171
11. Compensation amount deposited by the accused with the
learned trial Court is ordered to be released in favour of complainant by
remitting the same in his bank account, detail whereof, shall be furnished
.
within a period of one week.
12. Since complainant was compelled to engage in unwarranted
litigation with the accused for realization of his own amount, accused is
directed to deposit 5% of the cheque amount with the HP State Legal
Service Authority as compounding fee within a period of six weeks, failing
which, he shall render himself liable for penal consequences as well as
contempt of court.
(Sandeep Sharma)
Judge
September 26, 2024
(sunil)
