Maan Singh vs Liaq Ram (Deceased) Through His Lr Ran ... on 13 January, 2023

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Himachal Pradesh High Court

Maan Singh vs Liaq Ram (Deceased) Through His Lr Ran ... on 13 January, 2023

Bench: Virender Singh

                           1



    IN THE HIGH COURT OF HIMACHAL PRADESH AT
                     SHIMLA




                                                      .

                      Criminal Revision No. 463 of 2022

                                Decided on : 13.1.2023





    Maan Singh





                                              ...Petitioner
                           Versus

    Liaq Ram (deceased) through his LR Ran Singh


                                          ...Respondent
    ___________________________________________
    Coram
    Hon'ble Mr. Justice Virender Singh, Judge



    Whether approved for reporting?
    ________________________________________________




    For the petitioner : Ms. Shashi Kiran, Advocate.





    For the respondent : Mr.   Sandeep               Chauhan,
                         Advocate.





    Virender Singh, Judge (oral)

Petitioner, Maan Singh, has filed the present revision petition, against the judgment dated 4.8.2022, passed by learned Sessions Judge, Solan, District ::: Downloaded on - 16/01/2023 20:31:25 :::CIS 2 Solan, HP in Criminal Appeal No. 12S/10 of 2022, which has arisen out of the judgment of conviction, .

dated 24.12.2021 and order of sentence dated 6.1.2022, passed by learned Judicial Magistrate, First Class, Kandaghat, District Solan, in Criminal Complaint No. 55/3 of 2012.

2. By way of said judgment of conviction and order of sentence, passed by learned Judicial Magistrate, First Class, Kandaghat, the petitioner has been convicted for the offence, punishable under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as, "the N.I.Act") and sentenced to undergo simple imprisonment for eight months and to pay a fine of Rs. 1,50,000/, in the form of compensation.

3. The said judgment of conviction has been assailed by the petitioner before the learned Sessions Judge, Solan by virtue of Criminal Appeal No. 12S/10 ::: Downloaded on - 16/01/2023 20:31:25 :::CIS 3 of 2022. However, the appeal has met with the same fate and has been ordered to be dismissed by learned .

Sessions Judge, Solan, vide order dated 4.8.2022.

4. Against the aforesaid judgment of dismissal, the petitioner has filed the present criminal revision petition.

5. However, today an application has been filed by learned counsel for the petitioner in open Court to the effect that compromise has been effected between the parties. The same be registered. By way of the aforesaid application, the petitioner has sought the permission for compounding the offence, in the present case.

6. The statements of the parties have been recorded. The petitioner has stated on oath that he has deposited a sum of Rs. 75,000/ with the Court of learned Judicial Magistrate First Class, Kandaghat, District Solan and Rs. 25,000/ has already been paid ::: Downloaded on - 16/01/2023 20:31:25 :::CIS 4 to the complainant by him. He has no objection, in case, the amount, so deposited, with the learned .

Judicial Magistrate First Class, Kandaghat, Solan, is released in favour of the respondent, i.e. legal representative of deceased complainant.

7. A similar statement has been made by the complainant, acknowledging the receipt of an amount of Rs. 25,000/ from the petitioner (accused).

8. Since the parties have compromised the matter, as such necessary permission to compound the offence is granted accordingly.

9. Consequently, the judgment of conviction, dated 24.12.2021 and order of sentence, dated 6.1.2022, passed by the Court of learned Judicial Magistrate, First Class, Kandaghat, District Solan, in Criminal Complaint No. 55/3 of 2012, as affirmed by learned Sessions Judge, Solan, in Criminal Appeal No. 12S/10 of 2022, is set aside and ::: Downloaded on - 16/01/2023 20:31:25 :::CIS 5 the petitioner, Maan Singh (accused) is acquitted from the offence punishable under Section 138 of the N.I. .

Act .

10. The learned Judicial Magistrate, First Class, Kandaghat is directed to release the amount of Rs. 75,000/ , deposited by the petitioner/accused in the said Court, in the present case, against proper receipt, on the basis of compromise, in favour of legal representative of complainant Sh. Liaq Ram (since deceased) i.e. Ran Singh, without issuing notice to him.

11. The present petition is disposed of accordingly, so also the pending application(s), if any.

(Virender Singh) Judge January 13, 2023 Kalpana ::: Downloaded on - 16/01/2023 20:31:25 :::CIS

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Himachal Pradesh High Court