C482/1661/2023
2023 Latest Caselaw 2357 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                           COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C482 No. 1661 of 2023
                                  With
                                  IA No. 1 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Shariq Khurshid, Advocate, for the applicant.

Mr. V.K. Gemini, Deputy A.G., for the State of Uttarakhand.

                                           Mr.       Kamlesh           Tiwari,         Advocate,           for
                                  respondent No.2.

The present applicant is a convict by the concurrent judgments rendered on 19th July, 2023 and 21st December, 2019, in a proceeding under Section 138 of the Negotiable Instruments Act, whereby the learned Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, has passed the following orders :-

"34- vfHk;qDr tkfdj vyh dks /kkjk 138 ijdzkE; fy[kr vf/kfu;e ds vijk/k ds vkjksi esa ,d o"kZ ds lk/kkj.k dkjkokl dh ltk rFkk :0 1]41]000@& ¼,d yk[k bdrkyhl gtkj :i,½ ds vFkZn.M ls nf.Mr fd;k tkrk gSA mDr vFkZn.M dh jkf'k es a ls /kkjk 357¼3½ n0iz0la0 ds vUrxZr :i;s 1]31]000@&¼,d yk[k bdrhl gtkj :i,½ vfHk;qDr ifjoknh dks {kfriwfrZ ds :Ik esa vnk djsxk rFkk 'ks"k /kujkf'k jkT; ljdkj ds [kkrs esa tek gksxhA vFkZn.M ds O;frdze djus ij vfHk;qDr N% ekg dk vfrfjDr lk/kkj.k dkjkokl HkksxsxkA vfHk;qDr dks fu.kZ; dh ,d izfr vfoyEc fu%'kqYd miyC/k djkbZ tk,A"

As a consequence of the order, a total sum of Rs.1,41,000/- was determined to be paid by the present applicant. In addition to this, the applicant was also directed to undergo one year's of simple imprisonment. Out of the said amount, it was observed that a sum of Rs.1,31,000/- would be remitted to the respondent No.2 under Section 357 (3) of the Cr.P.C., and the balance amount was to be deposited in the State Treasury.

Today the C-482 Application has been preferred, along with the Compounding Application, wherein, it has been contended by the learned counsel for the parties, as well as by the parties themselves in the Compounding Application, which has been duly singed by them, that the entire amount, which was due to be paid to the respondent No.2, has been received by him and no amount is due to be paid to respondent No.2.

The applicant in the Compounding Application, in paragraph 2, has submitted that at the time when the Appeal was preferred, the appellant has deposited the amount of Rs.28,200/- before the Appellate Court, which is still lying with the Appellate Court, and this amount has not yet been withdrawn.

The Compounding Application is being opposed by the Government Advocate, on the ground, that the amount, which was due to be paid to the State Treasury, i.e. an amount of Rs.10,000/-, an interest will also be accruing on the same. But there is no material as such on record to show, that the interest would be payable on the penalty amount, which is to be deposited by the applicant in the State Treasury, as directed by the impugned orders.

Since, the grievance of respondent No.2 has already been redressed, no purpose would be solved to keep the C-482 Application pending, owing to the fact, that the respondent No.2 has already received the total amount.

But, so far as the objection taken by the Government Advocate is concerned, that would stand meted out, that the total amount of Rs.10,000/- which has been directed to be remitted to the Registry by the applicant, if any interest is accruing from it as per law, the same would be adjusted by the Trial Court from the amount of Rs.28,200/-, which has been deposited by the applicant at the time, when he has preferred the Appeal, which according to him, already stood deposited before the Appellate Court.

While closing this C-482 Application, and quashing the order of conviction, the only part which has left open for the Trial Court is of adjustment of the amount to be deposited to the State Treasury, it will be open for the Appellate Court to impose interest also, if any, payable as per law by the applicant, which is to be adjusted from the amount already deposited by him in an Appeal, i.e. an amount of Rs.28,200/-.

Subject to the aforesaid, the C-482 Application stands disposed of and the impugned orders would hereby stand quashed.

(Sharad Kumar Sharma, J.) Dated 21.08.2023 Shiv