Himachal Pradesh High Court
Radha Krishan vs H.P. State Agriculture And Rural ... on 20 March, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Cr. Revision No.670 of 2022
Date of Decision: March 20, 2023
Radha Krishan ...Petitioner.
.
Versus
H.P. State Agriculture and Rural Development Bank
..Respondent.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr.Vedhant Ranta, Advocate.
For the Respondent: Mr.Narnder Singh Thakur, Advocate.
Vivek Singh Thakur, J (oral)
Present Revision Petition has been filed, assailing judgment dated 27.09.2022, passed by Additional Sessions Judge, (CBI), Shimla, H.P., in Criminal Appeal No.57-R/10 of 2021, titled as Radha Krishan vs. H.P. State Agriculture and Rural Development Bank, whereby judgment/order dated 16.07.2021/22.07.2021, passed by Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., in Criminal Case No.241/3 of 2019, titled as The Manager, HP State Agriculture and Rural Development Bank Branch at Rohru, convicting and sentencing the petitioner-accused to undergo simple imprisonment for one year and to pay compensation of `95,000/- to the complainant, has been affirmed.
2. During pendency of present revision petition, matter has been settled amicably. To this effect, statements of Shri 1 Whether reporters of the local papers may be allowed to see the judgment? ::: Downloaded on - 22/03/2023 20:32:39 :::CIS 2 Narender Singh Thakur, Advocate, learned counsel for the respondent-complainant and Shri Vedhant Ranta, learned counsel, for the petitioner-accused, have been recorded, separately, and placed on the file.
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3. In their statements, learned counsel for the petitioner and respondent, under instructions, have stated that the matter has been amicably settled between the petitioner and the respondent and that, as per compromise, respondent-Bank has conveyed willingness for compounding the case against receipt of additional amount of `10,000/- as litigation charges over and above the amount of compensation awarded by the Courts below. Further that, against total amount of compensation of `95,000/-, petitioner has deposited a sum of `19,000/- in the Trial Court and remaining amount of `76,000/- has been deposited in the Registry of this Court, and in terms of compromise, that amount is to be released in favour of the respondent-Bank, by remitting the same in its bank account on supplying details thereof to the Registry of this Court as well as to the Trial Court. It has been further submitted on behalf of the petitioner that keeping in view the financial condition of the petitioner, lesser compounding fee be imposed. They have further stated that their deposition in Court is strictly in consonance with instructions imparted to them.
4. Consequently, in view of statements of counsel for parties, endorsing compromise arrived at between the parties, complaint arising out of dishonour of cheque under Section 138 ::: Downloaded on - 22/03/2023 20:32:39 :::CIS 3 of the Negotiable Instruments Act is permitted to be withdrawn and matter is compounded and judgments of conviction and sentence passed by the Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed against .
him.
5. Learned counsel for the petitioner has submitted that petitioner is facing poor financial condition and is not able to pay compounding fee @ 15% and, therefore, a prayer has been made by learned counsel for exempting the compounding fee, keeping in view ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663, as clarified in Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and another 2014 (10) SCC 690.
6. Considering the facts and circumstances of the case, instead of 15% of the cheque amount, it shall be appropriate to levy `3000/- as compounding fee upon the petitioner-accused. Accordingly, he is directed to deposit a sum of `3000/-, as compounding fee, with the H.P. State Legal Services Authority, Shimla, within four weeks from today.
7. After depositing compounding fee, petitioner shall place a copy of receipt of deposit of compounding fee on record of this petition. In case of default in depositing compounding fee/cost with the H.P. State Legal Services Authority, Shimla within the aforesaid period, consequential action shall follow to recover the said amount as fine under Code of Criminal Procedure.
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8. Cheque amount was of `74,246/-. Whereas, compensation has been awarded as `95,000/-. Therefore, in my opinion `10,000/- in addition to the compensation amount shall be sufficient as token of litigation charges, which shall be paid by .
the petitioner to the respondent-Bank on or before 31.03.2023, failing which aforesaid judgment of conviction shall revive and, in addition, he shall also be liable to face consequences for giving false undertaking to the Court.
9. Registry is directed to release the amount deposited by the petitioner, alongwith interest, if any accrued thereon, in favour of the respondent-bank by remitting the same in its bank account No.050010200002974, IFSC-UTIB0000050, Axis Bank Branch, Kasumpti, Shimla, H.P.
10. Trial Court is also directed to release the amount deposited by the petitioner, alongwith interest, if any accrued thereon, in favour of respondent-Bank, without issuing notice to the petitioner, by remitting the same in its Bank Account No. No.050010200002974, IFSC-UTIB0000050, Axis Bank Branch, Kasumpti, Shimla, H.P.
11. Petition stands disposed of, in the aforesaid terms, so also pending application(s), if any.
12. Parties are permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the trial Court/authorities concerned, and the said Court/authorities shall not insist for production of a ::: Downloaded on - 22/03/2023 20:32:39 :::CIS 5 certified copy but if required, may verify it from Website of the High Court.
13. A copy of this order be sent to the H.P. State Legal Services Authority, Shimla.
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(Vivek Singh Thakur), Judge.
March 20, 2023
(Purohit)
r to
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