Himachal Pradesh High Court
Rishi Soni vs The Himachal Cooperative ... on 20 April, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr. Revision Nos. 185 to 188 of 2022
Date of Decision 19th April, 2023
________________________________________________________
Cr. Revision Nos. 185 to 188 of 2022
Rishi Soni ...Petitioner(s)
Versus
The Himachal Cooperative Non-Agriculture
Thrift and Credit Society Ltd.
r ....Respondent(s)
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, J.
Whether approved for reporting?
______________________________________________________________ For the Petitioner(s): Mr. Vipin Pandit, Advocate in all petitions.
For the Respondent(s): Mr. Dalip K. Sharma, Advocate in all petitions.
__________________________________________________________________ Vivek Singh Thakur, J.
Since all these petitions arise out of the same cause of action between the same parties, the same are consolidated and disposed of together in order to avoid repetition and for the sake of convenience.
::: Downloaded on - 20/04/2023 20:38:15 :::CIS 22 Present Revision Petitions have been filed assailing judgment(s) dated 28.02.2022, passed by learned Sessions .
Judge, Solan, District Solan H.P., in Cr. Appeal Nos. 13-S/10 of 2021, 14-S/10 of 2021, 12-S/10 of 2021 and 11-S/10 of 2021 respectively, whereby judgment(s)/order(s) dated 20.7.2021, passed by learned Judicial Magistrate 1 st Class, Solan, District Solan H.P. in Criminal Cases(s) No. 20/3 of 2018, 19/3 of 2018, 45/3 of 2018 and 207/3 of 2018 respectively, convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of three months in Criminal Case No. 20/3 of 2018, one month each in Criminal Case(s) Nos. 19/3 of 2018, 45/3 of 2018 and 207/3 of 2018 respectively and to pay compensation of Rs.3 lacs in each case, to the complainant/Credit Society, has been affirmed.
3. Today, petitioner Rishi Soni and Rohit Sharma, Manager of respondent Credit Society are present in Court and they have been duly identified by their respective counsel. Their statements, on oath, have been separately recorded and placed on record.
4. The petitioner, in his statement, has stated that all the above stated cases have arisen out of the complaints filed under Section 138 of Negotiable Instrument Act by the ::: Downloaded on - 20/04/2023 20:38:15 :::CIS 3 respondent Credit Society for dishonouring all cheques issued by him but now, all these matters have been settled amicably .
against the payment of Rs. 12 lacs payable by him to the respondent Credit Society. He has stated that he has deposited Rs.6,60,000/- in all these four cases in the Registry of this Court and Rs.2,40,000/- has been deposited by him in the Trial Court during pendency of appeal before the Sessions Court and as per compromise, these deposits i.e. Rs.6,60,000/- + Rs.2,40,000/-, total amount of Rs.9 lacs, along with interest accrued thereon, if any, shall be released to respondent Credit Society in terms of compromise and for remaining payment of Rs.3 lacs, he has issued cheque No. 000012 dated 14.04.2023 drawn on Kotak Mahindra Bank Branch Dharampur, District Solan which has been presented by respondent Credit Society for encashing and as per E-mail, received by him, the said amount stands debited from his Bank Account, but same has not reached in the Bank Account of respondent Credit Society and there is every likelihood of credit of Rs.3 lacs in favour of respondent Credit Society. He has further deposed that in case said transaction fails and amount debited from his Account is reversed to his Bank Account, then he shall pay Rs.3 lacs to respondent Credit Society directly on or before 24th April, 2023 and further that in case of non-payment of ::: Downloaded on - 20/04/2023 20:38:15 :::CIS 4 amount by or on his behalf, as settled in compromise, respondent Credit Society shall have right to revive the present .
proceedings and he shall be liable for default in accordance with law. He has prayed that in view of above compromise, matters may be compounded and amount deposited by him in Court be directed to be released in favour of respondent Credit Society.
5. Mr. Rohit Sharma, the Manager of respondent Credit Society, who is duly authorized and competent to depose and compromise the matter on behalf of respondent Credit Society, endorsing the statement of petitioner as true and correct, has prayed for compounding the case against payment made and to be received by respondent Credit Society subject to condition that in case of default in payment, the respondent Credit Society shall have right to revive the present petitions, in addition to taking any other legal recourse available with respondent Credit Society including initiating contempt proceedings against the petitioner.
6. Petitioner Rishi Soni and Mr.Rohit Sharma, Manager of respondent Credit Society, in their respective statements, have stated that they have compromised the matters and deposed in the Court out of their free will, consent and also without any kind of threat, coercion or pressure etc. ::: Downloaded on - 20/04/2023 20:38:15 :::CIS 5 7 Consequently, respondent/complainant is permitted to withdraw the complaints and matters are compounded and .
complaints arising out of dishonour of cheque under Section 138 of Negotiable Instrument Act are 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 Learned counsel for the petitione r has also prayed for exempting or imposing lesser amount of compounding fee instead of 15% of cheque amount on the ground that petitioner is a poor person. It is also submitted by him that considering the ratio of law laid down by the Apex Court in Damodar S.Prabhu vs. Sayed Babalal H. (2010)5 SCC 663, as clarified by the Apex Court in Madhya Pradesh Legal Services Authority vs. 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 of exemption of compounding fee.
9. Considering facts and circumstances of the case and keeping in view the poor financial condition of petitioner, I am of the opinion that it is an appropriate case to impose lesser compounding fee. Therefore, petitioner is directed to deposit ::: Downloaded on - 20/04/2023 20:38:15 :::CIS 6 compounding fee of Rs.5,000/-each in each Criminal Revision Petition instead of 15% of cheque amount, with the H.P. State .
Legal Services Authority, Shimla within six weeks from today.
10. After depositing compounding fee/cost, petitioner shall place copy of receipt(s) of deposit on record of these petitions. In case of default in depositing compounding fee/cost with H.P. State Legal Services Authority, Shimla within stipulated period, the same shall be recovered as fine as provided under Code of Criminal Procedure.
11. Trial Court is directed to release the amount of Rs.2,40,000/- deposited by petitioner Rishi Soni, along with interest, if any accrued thereon, in favour of respondent Credit Society by remitting the same in its Bank Account No. 4621009300000449, IFSC Code No. PUNB0929600, Punjab National Bank, Kotla Nala, Solan without issuing notice to petitioner Rishi Soni.
12. Registry of this Court is also directed to release the amount of Rs.6,60,000/-, deposited by petitioner, along with interest, if any accrued thereon,in favour of respondent Credit Society by remitting the same in its Bank Account No. 4621009300000449, IFSC Code No. PUNB0929600, Punjab National Bank, Kotla Nala, Solan.
::: Downloaded on - 20/04/2023 20:38:15 :::CIS 713. In case of default in payment of amount or part of the amount settled for compromise, present petitions shall be .
revived to their original status along with original numbers. In addition, respondent shall have right and liberty to avail any other recourse of law available to it including filing petition to punish the petitioner for giving false undertaking in the Court.
14 Petitions stand disposed of, in the aforesaid terms, so also the pending application(s), if any.
15 The parties are permitted to produce copy of order downloaded from the High Court website and the concerned authority shall not insist for certified copy of the order, however, they may verify the passing of order from the High Court website or otherwise.
Copy of this judgment be also sent to H.P. State Lagal Services Authority, Shimla.
April 19, 2023 (Vivek Singh Thakur)
(ms) Judge
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