Himachal Pradesh High Court
Brij Lal vs H.P. State Co-Operative Agriculture ... on 29 November, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 29TH DAY OF NOVEMBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE SANDEEP SHARMA
CRIMINAL REVISION NO. 421 OF 2018
Between:-
BRIJ LAL
SON OF LATE SHRI DURGA DASS,
RESIDENT OF VILLAGE NAGAHU,
P.O. KAO, TEHSIL KARSOG, DISTRICT MANDI,
H.P.
... PETITIONER
(BY MR. SUSHANT VIR SINGH THAKUR,
ADVOCATE)
AND
1. H.P. STATE CO-OPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK LTD.
KARSOG,
THROUGH ITS
BRANCH MANAGER, TEHSIL KARSOG,
DISTRICT MANDI, H.P.
2. STATE OF H.P.
.. RESPONDENTS
(BY MR. NARENDER SINGH THAKUR,
ADVOCATE, FOR R-1
MR. SUDHIR BHATNAGAR AND
MR. DESH RAJ THAKUR,
ADDITIONAL ADVOCATES GENERAL
WITH MR. NARINDER THAKUR,
DEPUTY ADVOCATE GENERAL, FOR R-2)
Whether approved for reporting:
::: Downloaded on - 31/01/2022 23:21:24 :::CIS
2
This petition coming on for orders this day, the court passed the following:
ORDER
By way of instant revision petition filed under S.397 read with S.401 CrPC, challenge has been laid to judgment dated 9.5.2018, passed .
by learned Additional Sessions Judge-I, Mandi, District Mandi, camp at Karsog .in Cr. Appeal No. 42 of 2017, affirming judgment of conviction and order of sentence dated 23.6.2017/1.7.2017, passed by learned Judicial Magistrate First Class, Karsog Mandi in Cr. Complaint No. No. 95 of 2015, whereby learned trial court, while holding the petitioner-accused (hereinafter, 'accused') guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereinafter, 'Act'), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation in the sum of Rs. 3,50,000/- to the respondent/complainant (hereinafter, 'complainant').
2. Precisely, the facts of the case, as emerge from the record, are that the complainant-Bank instituted a complaint under S.138 of the Act alleging therein that accused availed facility of house loan of Rs.3.00 Lakh from it and with a view to discharge his liability, issued cheque Exhibit CW-1/B in the sum of Rs. 3.00 Lakh, but on presentation of aforesaid cheque for encashment, same was dishonoured no account of insufficient funds. Since the accused after having received legal notice served by the complainant bank, failed to make good the payment to the complainant,, complainant instituted complaint under S.138 of the Act in the competent Court of law.
3. Learned trial Court on the basis of evidence led on record by respective parties, held the accused guilty of having committed offence ::: Downloaded on - 31/01/2022 23:21:24 :::CIS 3 punishable under S.138 of the Act and convicted and sentenced as per description given herein above.
4. Being aggrieved and dissatisfied with the judgment of conviction and order of sentence passed by learned trial Court, accused .
preferred an appeal before Additional Sessions Judge-I Mandi, but the same was also dismissed vide judgment dated 9.5.2018. In the aforesaid background, accused has preferred instant petition, praying therein for his acquittal after setting aside judgments of conviction and order of sentence recorded by learned courts below.
5. This court vide order dated 20.11.2018, while suspending substantive sentence imposed by learned trial Court, directed the accused to deposit 25% of compensation amount in the learned trial Court. Though the aforesaid order was complied with but matter came to be repeatedly adjourned on the request of learned counsel for the accused, who assured this court that the entire amount of compensation, as awarded by learned court below shall be paid within reasonable time.
6. Today, during proceedings of the case, learned counsel for the accused, who is present in court, states that the entire amount of compensation awarded by learned court below stands paid and as such, this court while exercising power under S.147 can proceed to compound the offence and acquit the accused.
7. Learned counsel for the respondent while fairly admitting factum with regard to amicable settlement inter se parties and receipt of entire amount of compensation, states that the complainant shall have no objection in case, prayer made on behalf of the accused for compounding of offence and his acquittal thereafter, is accepted. ::: Downloaded on - 31/01/2022 23:21:24 :::CIS 4
8. Having taken note of the fact that the entire amount of compensation stands deposited with the complainant, this court sees no difficulty in compounding the offence while exercising power under S. 147 of the Act and in terms of guidelines laid down by Hon'ble Apex Court in .
Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663, whereby it has been held that court, while exercising power under S.147 can proceed to compound offence, even in those cases, where accused stands convicted.
9. Consequently in view of above, present petition is allowed. Judgment dated 9.5.2018, passed by learned Additional Sessions Judge- I, Mandi, District Mandi, camp at Karsog .in Cr. Appeal No. 42 of 2017, and judgment of conviction and order of sentence dated 23.6.2017/1.7.2017, passed by learned Judicial Magistrate First Class, Karsog Mandi in Cr. Complaint No. No. 95 of 2015 are quashed and set aside and accused is acquitted of charges framed against him under S. 138 of the Act. Amount deposited by accused in the Registry of this Court, is ordered to be released in favour of complainant by remitting same in its bank account, i.e. Current Account No. 050010200002974 IFSC UTIB0000050, Axis Bank Ltd., Kasumpti, Shimla.
10. Petition stands disposed of in the afore terms, alongwith all pending applications. Bail bonds, if any, furnished by the accused are discharged.
(Sandeep Sharma) Judge November 29, 2021 (Vikrant) ::: Downloaded on - 31/01/2022 23:21:24 :::CIS