Himachal Pradesh High Court
Chand vs Sanjeev Kumar on 3 June, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
ON THE 1st DAY OF JUNE, 2022
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL REVISION NO. 215 OF 2019
Between:-
SANJEEV KUMAR SON OF SHRI UTTAM
CHAND, RESIDENT OF WARD NO.6,
DOONGA BAZAR, KANGRA IN FRONT
OF PARKASH HALWAI, TEHSIL AND
DISTRICT KANGRA HP
....PETITIONER
(BY SHRI SANJAY JASWAL, ADVOCATE)
AND
1. SIDHESHWAR KHANNA, SON OF SHRI
KRISHAN LAL KHANNA, RESIDENT OF
MANDIR BAZAR, KANGRA, TEHSIL
AND DISTRICT KANGRA H.P.
2. STATE OF HP
...RESPONDENTS
(BY MS. ANJALI SONI VERMA, ADVOCATE FOR R-1)
(BY MR. KULDEEP CHAND THAKUR, DEPUTY ADVOCATE
GENERAL, FOR R-2)
Whether approved for reporting?
This Petition coming on for presence of parties this day, this Court
delivered the following:
JUDGMENT
Present revision petition has been filed assailing judgment dated 1.4.2019 passed by learned Sessions Judge, Kangra at Dharamshala, District Kangra ::: Downloaded on - 04/06/2022 20:03:10 :::CIS 2 (HP), in Cr. Appeal No.3-K/X/2015, whereby judgment/order dated 15.1.2015 passed by learned Additional Chief .
Judicial Magistrate, Kangra, District Kangra H.P., in Complaint No. 356-II/2014, titled Sidheshwar Khanna vs. Sanjeev Kumar, convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of three months and to pay compensation of complainant/respondent Rs.80,000/- to the complainant, has been affirmed.
2. Accused/petitioner No.1 Sanjeev Sidheshwar Kumar Khanna and are present in person, who have been identified by their learned counsel. Their statements, on oath, have been recorded and placed on the file.
3. Complainant/respondent No.1 Sidheshwar Khanna, in his statement, has stated that in present case, petitioner has deposited entire awarded amount of compensation i.e. Rs.80,000/- as well as Rs.25,000/- over and above the compensation amount in the Registry of this Court and for release of entire amount of compensation along with additional amount, deposited by petitioner in his favour by remitting the same in his Bank Account No. 54160100001659, IFSC Code No. BARB0KANGRA Bank of Baroda, Kangra Branch, he is agree to withdraw the complaint and for compounding the case and, therefore, he ::: Downloaded on - 04/06/2022 20:03:10 :::CIS 3 has prayed for permission to withdraw the complaint for compounding the case.
.
4. The petitioner/accused, vide separate statement placed on record, has endorsed the statement made by complainant/respondent as true and correct and has further deposed that he has deposited the entire amount of compensation and additional amount of Rs.25,000/-, over and above the amount of compensation, in the Registry of this Court and for settlement of matter, he has no objection if entire amount of compensation along with additional amount is released in favour of respondent Sidheshwar Khanna, as he does not want to contest the petition on merits and, therefore, has prayed for compounding the case and imposing of lesser compounding fee.
6. Both complainant as well as petitioner/accused have stated that they have deposed in the Court and have compromised the matter out of their free will, consent, and also without any kind of threat, coercion or pressure etc.
7. Consequently, respondent/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonour of cheque under Section 138 of Negotiable Instruments Act is ::: Downloaded on - 04/06/2022 20:03:10 :::CIS 4 treated to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and .
set aside. Petitioner/accused is acquitted of the accusation framed against him.
8. Petitioner has also prayed for imposing lesser amount of compounding fee instead of 15% of cheque amount on the ground that he has suffered losses in business and he is not in a position to cheque amount as compounding fee.
r deposit 15% of
It is submitted by
counsel for the petitioner that considering the ratio of law laid down by the Apex Court in Damodar S.Prabhu vs. Sayed Babalal H. (2010)5 SCC 663, the Apex Court in Madhya Pradesh Legal Services Authority vs. Prateek Jain and another (2014)10 SCC 690 wherein it has been held that Court may reduce compounding fee for given facts and circumstances of a particular case, present case is a fit case for exemption of compounding fee.
9. Considering the entire facts and circumstances and submissions made by and on behalf of parties, I am of the opinion that it is an appropriate case to impose lesser compounding fee. Therefore, petitioner is directed to deposit compounding fee of Rs.2,000/- instead of 15% of cheque amount, with the H.P. State Legal Services Authority, Shimla within a period of four weeks from today.
::: Downloaded on - 04/06/2022 20:03:10 :::CIS 510. 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 H.P. State Legal Services Authority, Shimla within four weeks from today, the consequential action shall follow to recover the said amount as fine under Cr.P.C.
11. The Registry is directed to release the amount of Rs. 80,000/- and Rs.25,000/-, deposited by petitioner over and above the amount of compensation, along with interest, if any accrued thereupon, in favour of respondent No.1/complainant Sidheshwar Khanna by remitting the same in his Bank Account No. 54160100001659, IFSC Code No. BARB0KANGRA, Bank of Baroda, Kangra Branch.
12. Petition stands disposed of, in the aforesaid terms, so also pending application(s), if any.
The parties are permitted to produce copy of order downloaded from the High Court website before the concerned authority and the said authority shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.
::: Downloaded on - 04/06/2022 20:03:10 :::CIS 6Copy of this judgment be sent to H.P. State .
Legal Services Authority, Shimla for compliance.
June 01, 2022 (Vivek Singh Thakur)
(ms) Judge
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