Himachal Pradesh High Court
Bablu Kolas vs Himachal Pradesh Gramin Bank on 20 September, 2023
Author: Virender Singh
Bench: Virender Singh
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
Cr. Revision No. 242 of 2023
Decided on : 20.9.2023
.
Bablu Kolas
...Petitioner
Versus
Himachal Pradesh Gramin Bank
...Respondent
of
___________________________________________
Coram
Hon'ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
rt
________________________________________________
For the Petitioner : Mr. Hemant Kumar Thakur
and Mr. Rajesh Sharma,
Advocates.
For the Respondents : Mr. K.B. Khajuria, Advocate.
.
Virender Singh, Judge (oral)
Petitioner Bablu Kolas has filed the present petition, against the judgment dated 17.3.2023, passed by the Court of learned Sessions Judge, Sirmaur at Nahan (hereinafter referred to as 'the Appellate Court'), in Criminal Appeal No. 42-Cr.A./10 of 2022, titled as, 'Bablu Kolas versus Himachal Pradesh Gramin Bank, Nahan'.
::: Downloaded on - 21/09/2023 20:34:14 :::CIS 22. By way of judgment dated 17.3.2023, learned Appellate Court has dismissed the aforesaid appeal.
The said appeal was preferred against the judgment of .
conviction and order of sentence, dated 24.3.2022, passed by the Court of learned Chief Judicial Magistrate, Sirmour, District at Nahan (hereinafter of referred to as 'the trial Court'), in Case No. 124/03 of 2019, titled as, 'Himachal Pradesh Gramin Bank rt versus Bablu Kolas'.
3. By way of judgment of conviction and order of sentence, as referred to above, the learned trial Court has convicted the petitioner (hereinafter referred to as 'the accused') for the commission of offence, punishable under Section 138 of Negotiable Instrument Act, (hereinafter referred to as 'the N.I. Act') and sentenced him to undergo simple imprisonment, for a period of six months and to pay compensation of Rs. 3,50,000/- to the complainant.
4. The present Revision petition has been admitted by this Court, vide order dated 8.5.2023.
::: Downloaded on - 21/09/2023 20:34:14 :::CIS 35. Petitioner, Bablu Kolas has deposited a sum of Rs. 51,000/- with the learned trial Court. During .
pendency of the present revision petition, before this Court, learned counsel for the petitioner has filed an application, bearing Cr.MP No. 3055 of 2023, under of Section 147 of the N.I. Act, for compounding the offence.
6. rt In the said application, factual position, with regard to settlement of dispute with the respondent-
Bank, has been mentioned. Alongwith the application, a letter issued by the respondent-Bank, has also been annexed. Perusal of the same shows that the matter has been settled, under the One Time Settlement (OTS) scheme.
7. Today, petitioner is present before this Court and made statement on oath. Petitioner, Bablu Kolas, in his statement, has stated, in unequivocal terms, that he has deposited a sum of Rs. 51,000/- with the learned trial Court and with regard to cheque No. ::: Downloaded on - 21/09/2023 20:34:14 :::CIS 4 826220, dated 27.2.2019, he has settled the matter with the respondent-Bank. He has put forward his indigent circumstances to deposit the compounding .
fee, with a prayer to grant him some time to deposit the compounding fee and to show some leniency.
According to him, if he fails to deposit the of compounding fee, within the time granted by this Court, then, he shall surrender before the learned trial rt Court to undergo the substantive sentence.
8. Learned counsel for the respondent-Bank, in his statement, recorded before this Court, has accepted the statement made by the petitioner. He has prayed that an amount of Rs.51,000/-, which the petitioner has deposited before the learned trial Court, may be released in favour of the respondent-Bank. He has no objection, in case, the present petition is allowed and the accused is acquitted from the offence, punishable under Section 138 of the N.I. Act.
9. Keeping in view the fact that the parties to the lis have compromised the matter, which is permissible ::: Downloaded on - 21/09/2023 20:34:14 :::CIS 5 under the provisions of Section 147 of the N.I. Act, the present petition is allowed, by setting aside the impugned judgment of conviction and order of .
sentence, referred to above, passed by the learned trial Court, and affirmed by the learned Appellate Court, and accused is acquitted from the offence, punishable of under Section 138 of the N.I. Act, subject to payment of 5% of the cheque amount, as compounding fee. The rt amount shall be deposited by the accused with the Member Secretary, H.P. State Legal Service Authority, Shimla, within two months, from today.
10. It is further clarified that in case of failure to deposit the compounding fee, within the prescribed period, the revision petition shall be deemed to have been dismissed and judgment of conviction and order of sentence, shall revive automatically, and the applicant shall surrender before the learned trial Court to serve out the substantive sentence, imposed by the learned trial Court.
::: Downloaded on - 21/09/2023 20:34:14 :::CIS 611. Accordingly, the present Revision Petition is allowed in the aforesaid terms. The bail bonds furnished by the accused are ordered to be discharged.
.
The pending application(s), if any, are also disposed of.
(Virender Singh) Judge of September 20 , 2023 Kalpana rt ::: Downloaded on - 21/09/2023 20:34:14 :::CIS