Himachal Pradesh High Court
Shri Raj Sharma vs Naseem Ahmed & Another on 21 March, 2018
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr. Revision No. 206 of 2017
.
Decided on : 21.3.2018
Shri Raj Sharma .....Petitioner.
Versus
Naseem Ahmed & another......
....Respondents.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Sanjay Bhardwaj, Advocate.
For the Respondents: Mr. Daleep K Sharma, Advocate for
respondent No.1.
Mr. Hemant Vaid, Additional
Advocate General with Mr. Yudhveer
Singh Thakur, Deputy Advocate
General, for respondent No.2.
Sureshwar Thakur, J (oral)
Respondent No.1/complainant, has in his statement duly reduced into writing and signatured by him, has, echoed therein qua upon a sum of Rs.50,000/- lying deposited with the learned trial Court concerned being ordered to be released in his 1 Whether reporters of the local papers may be allowed to see the judgment?
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favour, also, in case the petitioner/accused, tenders a sum of .
Rs.5,000/- in cash, to him, thereupon this Court may proceed, to order for the composition of the offence, constituted by dishonor of Negotiable Instrument, and, may also proceed, to, allow the instant revision petition, besides acquit the accused for the offences charged.
Statement rendered on oath by respondent No.1, duly reduced into writing and signatured by him, is, in tandem, with, the aforesaid submissions addressed by him, before this Court, and, is taken on record.
2. On the other hand, the statement on oath, of the petitioner/accused, has also been recorded, wherein, he espouses his no objection qua a sum of Rs.50,000/- lying deposited, in the trial Court concerned, being ordered to be released in favour of respondent No.1/complainant. He has also undertaken to tender, within a week, a sum of Rs.5,000/- in cash to the respondent No.1/complainant. He has also echoed in his statement that in case he fails to tender a sum of Rs.5,000/- in cash, within a week, to the respondent No.1/complainant, ::: Downloaded on - 27/03/2018 23:04:39 :::HCHP ...3...
thereupon, this Court may proceed to order for the revival of the .
proceedings.
3. In view of the above, the offence arising from dishonour of negotiable instrument is ordered to be compounded, and, the Revision petition is accepted, and, the impugned judgment/order, stands quashed and set aside. The accused stands acquitted of the offences charged.
r A sum of Rs.50,000/- lying deposited with the learned trial court concerned, be released in favour of the respondent No.1/complainant. However, in case the petitioner/accused fails, within a week from today, to hence tender a sum of Rs.5,000/- in cash to the respondent/complainant, thereupon the instant criminal revision petition shall revive.
4. However, the aforesaid order shall take effect, only upon, the petitioner/accused, within four weeks, depositing 15% of the amount comprised in the dishonored Cheque, before the H.P State Legal Services Authority.
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All pending applications stand disposed of .
accordingly.
21st March, 2018 ( Sureshwar Thakur ),
(priti) Judge.
r to
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