Himachal Pradesh High Court
Reetu Sharma vs Regional Manager on 13 March, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.Revision No.38 of 2022 Decided on: 13th March, 2023 _________________________________________________________________ .
Reetu Sharma ...Petitioner
Versus
Regional Manager, HRTC ...Respondent
_________________________________________________________________ Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge 1 Whether approved for reporting?
r to ______________________________________________________________ ___ For the petitioner: Mr. Karan Advocate.
Singh Parmar,
For the respondent: Mr. Ajeet Singh Saklani, Advocate.
Jyotsna Rewal Dua, Judge
The petitioner was convicted by the learned Judicial Magistrate First Class Nahan, District Sirmour, H.P. on 12.11.2020 for having committing offence punishable under Section 138 of Negotiable Instruments Act (the Act in short). He was sentenced to undergo simple imprisonment for a period of four months and to pay compensation of Rs.2,77,000/- to the complainant. The judgment of conviction and order of sentence were affirmed by the learned 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 13/03/2023 20:49:14 :::CIS -2-Sessions Judge, Sirmour at Nahan, H.P. vide judgment dated 17.11.2021. These judgments and sentence order have been assailed by the petitioner in the instant revision petition.
.
2. During hearing of the case, an application under Section 147 of the Act read with Section 320(8) of Code of Criminal Procedure bearing Cr.MP No.661 of 2023 has been moved for compounding of offence. It has been submitted in the application that the petitioner has compromised the matter with the respondent-HRTC through its authorized officers. In furtherance of this compromise and as per the directions of the respondent-Corporation, an amount of Rs.11,500/- was deposited by the petitioner on 23.12.2022;
an amount of Rs.1,03,500/- was deposited on 02.02.2022 and an amount of Rs.35,000/- had been deposited on 11.01.2021. Learned counsel for the petitioner submitted that in all, the petitioner has deposited Rs.1,50,000/- with the respondent in discharge of his entire liability in terms of the compromise between the parties. Learned counsel for the respondent-Corporation does not dispute the factum of compromise and deposit of the amount in terms of the said compromise by the petitioner as aforesaid.
::: Downloaded on - 13/03/2023 20:49:14 :::CIS -3-3. No reply is intended to be filed by the respondent to the application, seeking composition of offence. Learned counsel for the respondent-Corporation submits that the .
respondent has no objection in case the prayers made in the application and petition are allowed.
4. It is well settled that the offences under the provisions of Negotiable Instruments Act are compoundable even after the conviction of the accused. Since the parties have settled the matter amongst themselves, therefore, prayers made in the application by the petitioner for compounding the offence and for setting aside the judgments of conviction and order of sentence can be allowed. Ordered accordingly.
The offence, for which the petitioner has been sentenced and convicted by the learned Judicial Magistrate First Class Nahan, District Sirmour in its judgment dated 12.11.2020, passed in CIS Case No. 2183 of 2013 and affirmed by learned Sessions Judge Sirmour, at Nahan, H.P. vide judgment dated Criminal Appeal CIS No.2231 of 2020 is ordered to be compounded. The judgment and sentence dated 12.11.2020 passed by Judicial Magistrate First Class ::: Downloaded on - 13/03/2023 20:49:14 :::CIS -4- Nahan, District Sirmour as affirmed by learned Sessions Judge vide judgment dated 17.21.2021, are set aside.
Petitioner is acquitted of all the charges. This order is subject .
to the condition that the petitioner will deposit 5% of the cheque amount which was Rs.1,38,691/- with the Himachal Pradesh State Legal Services Authority, within a period of four weeks from today.
The present criminal revision stands disposed in the above terms of, so also the pending miscellaneous application(s), if any.
List for compliance on 17.04.2023.
Jyotsna Rewal Dua Judge March 13, 2023 R.Atal ::: Downloaded on - 13/03/2023 20:49:14 :::CIS