Himachal Pradesh High Court
Bijender Singh vs Bijender Singh on 25 October, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 26TH DAY OF OCTOBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE SANDEEP SHARMA
CRIMINAL REVISION NO. 212 OF 2021
Between:-
BIJENDER SINGH
SON OF SH. MAN SINGH,
AGE ABOUT 45 YEARS,
RESIDENT OF VILLAGE DHANECH,
POST OFFICE KARGANOO,
TEHSIL RAJGARH, DISTRICT SIRMAUR,
HP
... PETITIONER
(BY MR. ANIRUDH SHARMA,
ADVOCATE)
AND
SANJAY KUMAR
SON OF LATE SH. SOHAN SINGH,
RESIDENT OF VILLAGE NERI JAGELA,
POST OFFICE KARGANOO, TEHSIL RAJGARH,
DISTRICT SIRMAUR,
H.P.
.. RESPONDENT
(BY MR. KANWAR PRADEEP SINGH,
ADVOCATE)
Whether approved for reporting:
This petition coming on for orders this day, the court passed the following:
ORDER
Instant Cr. Revision petition filed under Ss. 397/401 CrPC, lays challenge to judgment dated 30.3.2020 passed by learned Sessions ::: Downloaded on - 31/01/2022 23:13:26 :::CIS 2 Judge, Sirmaur District at Nahan, H.P. in Criminal Appeal No. 46-Cr.A/10 of 2019 affirming judgment of conviction and order of sentence dated 24.4.2019/30.4.2019 passed by learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, H.P. in Complaint No. 166/2016 (Registration .
No. 66 of 2016), titled Sanjay Kumar vs. Bijender Singh, whereby learned trial Court, while holding 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 to pay a compensation of Rs.3.00 Lakh to the respondent-complainant (hereinafter, 'complainant').
2. Precisely, the facts of the case, as emerge from the record, are that the complainant instituted a complaint under S.138 of the Act in the court of learned Judicial Magistrate 1st Class, Rajgah, alleging therein that he had advanced a sum of Rs. 2,70,000/- to the accused on his request for his personal and domestic use and, with a view to discharge his liability, accused issued cheque Ext. CW-1/B for Rs.2,70,000/-, but the fact remains that on presentation, aforesaid cheque was dishonoured on account of insufficient funds. Since despite having received legal notice served upon the accused by the complainant, accused failed to make good the payment, complainant was compelled to initiate proceedings under S.138 of the Act in the competent Court of law. Learned trial Court, on the basis of evidence collected on record by the complainant held the accused guilty of commission of offence punishable under S.138 of the ::: Downloaded on - 31/01/2022 23:13:26 :::CIS 3 Act and accordingly convicted and sentenced him as per description given above.
3. Being aggrieved and dissatisfied with the judgment and order of conviction passed by learned trial court, accused preferred an appeal in .
the court of learned Sessions Judge Sirmaur at Nahan, HP, which was also dismissed on 30.3.2020. In the aforesaid background petitioner has approached this court in the present criminal revision, praying therein for his acquittal after setting aside impugned judgments and order of conviction recorded by learned courts below.
4. Vide order dated 16.9.2021, this court, while suspending the sentence imposed by learned trial Court, directed the accused to deposit 15% of the cheque amount and to furnish personal bonds in the trial court. Aforesaid order stands complied with.
5. Today during the proceedings of the case, learned Counsel appearing for the accused stated that entire sum of Rs. 3.00 Lakh awarded by learned trial Court stands paid to the complainant and as such, this court, while exercising power under S.147 of the Act, can proceed to compound the offence and acquit the accused of the charges framed against him.
6. Learned counsel for the complainant-Sanjay Kumar, who is otherwise present in the court, states that sum of Rs. 2,25,000/- stands received in cash, whereas sum of Rs.75,000/- is lying deposited with learned trial Court, for which accused has no objection if same is released in his favour, as such, complainant shall have no objection, in case prayer made on behalf of the accused for compounding of offence is accepted. ::: Downloaded on - 31/01/2022 23:13:26 :::CIS 4 Complainant on oath states that since he has received Rs.2,25,000/- in cash and accused has agreed for release of Rs.75,000/- lying deposited with the learned trial Court, in his favour, as such, he shall have no objection, in case the accused is acquitted of the charges framed against .
him under S.138 of the Act. Complainant further states that he has come to the court to make statement, of his own volition and without there being any external pressure. His statement is taken on record.
7. Since the parties to lis have already resolved to settle the dispute inter se them amicably and in terms of compromise between them, Rs. 2,25,000/- has been received by complainant and remaining amount of Rs. 75,000/- has been agreed to be released in his favour by the accused, this court sees no impediment in accepting the prayer made in the present petition, for compounding of the offence, while exercising power under S.147 of the Act as well as 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.
8. In view of above, present revision is allowed. Judgments/order of conviction and sentence passed by both the learned Courts below are quashed and set aside and accused is acquitted of the charges framed against him under S.138 of the Act. Bonds furnished by the accused are discharged. Needless to say, Rs.75,000/- lying deposited with learned trial Court shall be released in favour of the complainant, and remitted into his saving bank account, details whereof shall be furnished by the complainant to the learned trial Court.
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9. Petition stands disposed of in the afore terms, alongwith all pending applications.
(Sandeep Sharma) Judge .
October 26, 2021
(Vikrant)
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