Himachal Pradesh High Court
@ Parma vs Inder Dev on 17 May, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
ON THE 17th DAY OF MAY, 2022
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL REVISION NO. 167 OF 2022
Between:-
INDER DEV SON OF SHRI PARAM DEV
@ PARMA, RESIDENT OF VILLAGE
DHAMU (NAGDHAR), PO DURI, TEHSIL
SADAR, DISTRICT MANDI HP
....PETITIONER
(BY SHRI RAVINDER SINGH JASWAL, ADVOCATE)
AND
SHER SINGH, SON OF SHRI GUR SINGH,
RESIDENT OF VILLAGE PIHANI PO SAINJ,
TEHSIL CHACHYOT, DISTRICT MANDI
HIMACHAL PRADESH
...RESPONDENT
(BY SH.INDERJEET SINGH NARWAL, ADVOCATE)
Whether approved for reporting?
This Petition coming on for admission this day, this Court passed the
following:
JUDGMENT
Present revision petition has been filed assailing judgment dated 27.12.2021 passed by learned Sessions Judge, Mandi, District Mandi (HP), in Cr. Appeal No.41/2021/16, whereby judgment/order dated 9.8.2016/24.08.2016 passed by learned Judicial Magistrate First Class, Chachiot at Gohar, Mandi, District Mandi H.P., in ::: Downloaded on - 19/05/2022 20:04:37 :::CIS 2 Complaint case No. 20-I/2010/41-III/2010 titled Sher Singh vs. Inder Dev, convicting and sentencing the .
petitioner/accused to undergo simple imprisonment for a period of six months and to pay compensation of Rs.5,00,000/- to the complainant, has been affirmed.
2. Accused/petitioner Inder Dev and complainant/respondent Sher Singh 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 Sher Singh, in his statement recorded on oath, has stated that in present case, Court has awarded compensation of Rs.5 lacs, however, the matter has been settled and he has received Rs.3,50,000/-. He has further stated that he has agreed to withdraw the complaint against the payment of Rs.3,50,000/-, which has been received by him as a full and final settlement of claim and now nothing is due to be recovered and, therefore, he 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 suffered losses in business ::: Downloaded on - 19/05/2022 20:04:37 :::CIS 3 and therefore, he has prayed for imposing 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, to respondent/complainant permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonour of is cheque under Section 138 of Negotiable Instruments Act is 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 deposit 15% of cheque amount as compounding fee. 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. ::: Downloaded on - 19/05/2022 20:04:37 :::CIS 4 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. In present case, the amount of compensation has been awarded to the tune of Rs.5,00,000/-but the matter has been compounded and settled against the petitioner/accused r has to payment of Rs. 3,50,000/- to the complainant.
paid Rs.3,50,000/-
complainant for which complainant has stated that he has As the the received Rs.3,50,000/- as a full and final settlement of claim and nothing is due to be recovered from petitioner and petitioner has also prayed for imposing lesser compounding fee instead of 15% of the cheque amount, 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.15,000/- instead of 15% of cheque amount, with the H.P. State Legal Services Authority, Shimla within a period of four weeks from today.
10. 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 ::: Downloaded on - 19/05/2022 20:04:37 :::CIS 5 consequential action shall follow to recover the said amount as fine under Cr.P.C.
.
11. Petition stands disposed of, in the aforesaid terms, so also the 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.
Copy of this judgment be sent to H.P. State Legal Services Authority, Shimla for compliance.
May 17, 2022 (Vivek Singh Thakur)
(ms) Judge
::: Downloaded on - 19/05/2022 20:04:37 :::CIS