M/S Tarun Fabrication Works And Another vs H.P. Financial Corporation on 1 June, 2016

[Cites 1, Cited by 1]

Himachal Pradesh High Court

M/S Tarun Fabrication Works And Another vs H.P. Financial Corporation on 1 June, 2016

Bench: Vivek Singh Thakur

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.


                                     Cr. Revision No. 115 of 2012
                                     Decided on: 1.06.2016.




                                                                          .
        ______________________________________________________________





    M/S Tarun Fabrication Works and Another
                                                                      .......Petitioners





                                             Versus
    H.P. Financial Corporation




                                                of
                                                                      ....Respondent

    Coram:
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
                        rt
    Whether approved for reporting? 1
    ______________________________________________________________

    For the petitioners:             Mr. Rakesh Dhaulta, Advocate.

    For the respondent:              Mr. Yash Pal Rana, Advocate.


    ---------------------------------------------------------------------------------------
    Vivek Singh Thakur , Judge (Oral):

Present revision has been filed assailing judgment of learned Sessions Judge, Shimla in Case No. 60-S/10 of 2011, dated 30.04.2012 affirming judgment of learned JMIC Court No. 3 Shimla, dated 30.05.2011, in Cr. Case No. 2788-3 of 2010/08 convicting and sentencing the petitioner-accused to undergo simple imprisonment of 6 months and to pay compensation of Rs.

1,30,000/- under Section 138 of Negotiable Instrument Act.

Whether reporters of Local Papers may be allowed to see the judgment?

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2. Learned counsel for the petitioners submitted that the .

parties have amicably resolved their disputes and the petitioners have filed an application praying for compounding the matter stating therein that the entire amount of compensation Rs. 1,30,000/- has been deposited in the trial Court i.e. Judicial of Magistrate First Class, Court No. 3 Shimla and respondent-

Corporation is ready to compromise the matter. Under instructions rt of respondent-Corporation, respondent-Corporation has stated that learned the counsel respondent-

for Corporation is ready and willing to compromise the matter and intends to withdraw the complaint filed by the respondent-

Corporation. Statement of learned counsel for the respondent is recorded separately. He on behalf of respondent-Corporation has prayed for permission to withdraw the complaint and compounding the matter with direction to release the compensation amount in favour of respondent-Corporation.

3. Consequently, matter is permitted to be compounded and complaint arising out from dis-honour of cheque under Section 138 of the Negotiable Instruments Act is permitted to be withdrawn and judgments of conviction and sentence passed by ::: Downloaded on - 15/04/2017 20:32:19 :::HCHP 3 Courts below are ordered to be quashed and set-aside. Petitioner-

accused is acquitted of accusation framed against him.

4. The compensation amount deposited by petitioner-

accused in the Court of learned Judicial Magistrate First Class, Court No. 3, Shimla be released in favour of respondent-

of Corporation by remitting the same in the account of respondent-

Corporation on furnishing account number in the trial Court.

5. rt The petitioner is directed to deposit 15% of cheque amount i.e. 15,000/- in favour of H.P. State Legal Service Authority Shimla within one month from today in consonance with guidelines framed by the Apex Court in judgment reported in Damodar S. Prabhu Versus Sayed Babalal H. 2010(5) SCC 663.

After depositing compounding fee/cost, petitioner shall place copy of receipt of deposit on record of this petition. In case of default in depositing compounding fee/cost with H.P. State Legal Service Authority, Shimla within one month, the judgments of conviction and sentence shall stand automatically revive.

6. In view of above, petition stands disposed of, so also the pending applications, if any.

(Vivek Singh Thakur) Judge June 1, 2016 (Subh) ::: Downloaded on - 15/04/2017 20:32:19 :::HCHP 4 Statement of Mr. Yash Pal Rana, Advocate, appearing on .

behalf of the respondent-Corporation.

On oath:-

1.06.2016 I am duly authorized to compound the matter on of behalf of Respondent-Corporation. In case amount to deposit that Respondent-Corporation is ready and willing to withdraw the rt complaint and compound the matter by accepting compensation amount Rs. 1,30,000/- and therefore, necessary directions be passed to release compensation amount of Rs. 1,30,000/-

deposited by the petitioner in the Court of JMIC-III, Shimla in favour of Respondent-Corporation, and matter be compounded by permitting to withdraw the complaint.

(Vivek Singh Thakur) Judge.

RO&AC:-

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