Himachal Pradesh High Court
Vijay Kumar Sharma vs Prashant Singla on 2 September, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 2nd DAY OF SEPTEMBER, 2022
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
.
CRIMINAL REVISION PETITION NO.229 OF 2021
Between
VIJAY KUMAR SHARMA
S/O BABU RAM
R/O SHARMA NIWAS, DHINGU DHAR,
SANJAULI,
TEHSIL AND DISTRICT SHIMLA
HIMACHAL PRADESH.
.....PETITIONER
(BY SHRI MOHAR SINGH, ADVOCATE)
AND
PRASHANT SINGLA
S/O SHRI NARINDER KUMAR SINGLA,
R/O SINGLE NIWAS,
DHINGU DHAR, SANJAULI,
TEHSIL AND DISTRICT SHIMLA
HIMACHAL PRADESH.
....RESPONDENT
(BY SHRI ATUL G. SOOD, ADVOCATE )
This petition coming on for admission this day, the
Court passed the following:
ORDER
Present Criminal Revision Petition has been filed, assailing judgment dated 6.3.2021, passed by learned Additional Sessions Judge-cum-Special Judge (CBI), Shimla, Himachal Pradesh, in Criminal Appeal No.23-S/10 of 2019, titled as Vijay Kumar Sharma v. Prashant Singla, whereby judgment/order of conviction and sentence dated 11.11.2019/ 14.11.2019, passed by learned Judicial Magistrate First Class, ::: Downloaded on - 07/09/2022 20:01:35 :::CIS Cr.R No.229 of 2021 ...2...
Court No.4, Shimla, Himachal Pradesh, in Case RBT No.224-3 of 2019/16, titled as Prashant Singla v. Vijay Kumar Sharma, convicting and sentencing the petitioner-accused to undergo .
simple imprisonment for a period of one month and to pay compensation amount of `80,000/- to the complainant, has been affirmed.
2. Mr. Mohar Singh, learned counsel for the petitioner, under instructions of the petitioner, has stated that matter has been amicably settled and the complainant- respondent has agreed to compound the case against receipt of entire amount of compensation deposited by the petitioner in the Courts, i.e. `27,500/- in the Trial Court and `53,000/- in the Registry of this Court and that the petitioner has no objection for release of the aforesaid amount in favour of the complainant-respondent.
3. Mr. Atul G. Sood, learned counsel for the respondent, under instructions of the respondent, endorsing the statement of learned counsel for the petitioner, has further stated that after release of the amount deposited by the petitioner in favour of the complainant-respondent, the matter may be compounded.
4. Learned counsel for the parties have also stated that they have deposed in the Court strictly in consonance with the instructions imparted to them. ::: Downloaded on - 07/09/2022 20:01:35 :::CIS Cr.R No.229 of 2021
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5. Consequently, complainant-respondent is permitted to withdraw the complaint and the matter is compounded and the complaint arising out of dishonor of .
cheque, under Section 138 of the Negotiable Instruments Act, is permitted to be withdrawn and judgments of conviction and sentence passed by the Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed against him.
6. Learned counsel for the petitioner has submitted that the petitioner is a poor person and due to financial crunch he could not repay the amount of cheque to complainant- respondent and, therefore, by taking a lenient view, instead of 15% of cheque amount as compounding fee, either the petitioner may be exempted or lesser amount of compounding fee be imposed upon him, particularly keeping in view the ratio of law laid down by the Apex court in Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663, as clarified in Madhya Pradesh State Legal Services Authority v. Prateek Jain and another, (2014) 10 SCC 690.
7. Considering the submissions made by learned counsel for the petitioner, instead of 15% of cheque amount as compounding fee, petitioner is directed to deposit a sum of `1,500/- with the Himachal Pradesh State Legal Services Authority, Shimla, within four weeks from today. ::: Downloaded on - 07/09/2022 20:01:35 :::CIS Cr.R No.229 of 2021
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8. 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 the H.P. State Legal Services Authority, Shimla within the aforesaid period, consequential action shall follow to recover the said amount as fine under Code of Criminal Procedure.
9. Registry is directed to release the amount deposited by the petitioner, alongwith up-to-date interest, if any accrued thereon, into the Bank Account of the complainant-respondent, details whereof shall be furnished in the Registry by the complainant-respondent or his counsel.
10. Trial Court is directed to release the amount deposited by the petitioner, alongwith up-to-date interest, if any accrued thereon, into the Bank Account of the complainant-respondent, details whereof shall be furnished by the complainant-respondent, and the Trial Court shall not issue any notice to the petitioner.
11. Registry to transmit a copy of this Judgment to the Himachal Pradesh State Legal Services Authority, Shimla.
12. Petition stands disposed of, in the aforesaid terms, so also pending application, if any.
Parties are permitted to produce a copy of this order, downloaded from the web-page of the High Court of ::: Downloaded on - 07/09/2022 20:01:35 :::CIS Cr.R No.229 of 2021 ...5...
Himachal Pradesh, before the authorities concerned/H.P. State Legal Services Authority/Trial Court, and the said authorities shall not insist for production of certified copy, but, if required, .
may verify passing of the order from the Website of the High Court.
( Vivek Singh Thakur )
September 2, 2022(sd) Judge.
r to
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