Himachal Pradesh High Court
Daulat Ram vs Sunil Kumar on 5 July, 2023
Author: Virender Singh
Bench: Virender Singh
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
Cr. Revision No. 168 of 2022
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Decided on : 5.7.2023
Daulat Ram
...Petitioner
Versus
Sunil Kumar
...Respondent
___________________________________________
Coram
Hon'ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
________________________________________________
For the Petitioner : Mr. Rocky, Advocate vice
Mr. Mohan Sharma,
Advocate.
For the Respondent : Mr. Gurmeet Bhardwaj,
Advocate.
Virender Singh, Judge (oral)
Complainant Sunil Kumar had filed the complaint, bearing No. 35-1/2016 on 4.2.2014, against accused Daulat Ram, under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the N.I. Act').
::: Downloaded on - 06/07/2023 20:35:58 :::CIS 22. The parties to the present Revision petition, are hereinafter referred to, in the same manner, in which they were referred to by the learned trial Court.
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3. The said complaint was decided by the Court of learned Additional Chief Judicial Magistrate, Court No. 1, Sundernagar, District Mandi, H.P. (hereinafter referred to as 'the trial Court') on 24.4.2018, whereby the accused has been convicted for the commission of offence, punishable under Section 138 of the N.I. Act and vide order of sentence, dated 24.4.2018, the accused has been ordered to undergo simple imprisonment, for a period of six months and to pay a sum of Rs. 1,10,000/-, as compensation.
4. Against the said judgment of conviction and order of sentence, the accused has preferred an appeal, before the Court of learned Additional Sessions Judge, Sundernagar, (hereinafter referred to as 'the First Appellate Court') bearing Criminal Appeal No. 532 of 2018, which has been dismissed by the learned First Appellate Court on 16.12.2021.
5. Against the said judgment, the present revision petition has been filed.
6. The parties to the present petition have shown their inclination for settling the matter amicably.
::: Downloaded on - 06/07/2023 20:35:58 :::CIS 37. In order to show his bonafide, the accused has paid a sum of Rs. 18,000/- to learned counsel for the respondent, as part payment of settlement, on 16.11.2022. Thereafter, on 13.3.2023, a .
sum of Rs. 20,000/- has been paid by the accused to the complainant, by way of bank draft No. 000773, dated 13.3.2023.
Thereafter, a sum of Rs. 17,000/- has been paid to the complainant, through his counsel. The accused has deposited a sum of Rs.
11,000/- before the learned trial Court and a sum of Rs. 45,000/- in the Registry of this Court.
8. Today, both the parties are present in person and sought the permission of this Court to compound the offence. The accused, in his statement, recorded on oath, has stated that he has paid a sum of Rs. 18,000/- to the learned counsel for complainant, on 16.11.2022. Thereafter, he also paid a sum of Rs. 20,000/- by way of draft, dated 13.3.2023 and also paid a sum of Rs. 17,000/-
to learned counsel for the complainant.
9. In addition to this, he has also deposed that he has deposited a sum of Rs. 11,000/- with the learned trial Court and Rs.
45,000/- with the Registry of this Court.
10. According to the petitioner/accused, he has no objection, in case the amount deposited by him with the learned trial Court, ::: Downloaded on - 06/07/2023 20:35:58 :::CIS 4 as well as, the Registry of this Court, is ordered to be released in favour of the complainant.
11. The accused has also deposed that he is a retired person .
and is unable to deposit the compounding fee. As such, he has prayed that a lenient view may be taken in this regard and sought four weeks' time to deposit the compounding fee.
12. Whatever factual position has been deposed by the accused/petitioner in his statement, that has duly been acknowledged by the complainant, in his statement.
13. In view of the said statements, which have been recorded today, the present revision petition is allowed, by setting aside the judgment of conviction and order of sentence, as referred to above, keeping in view the fact that parties to the petition have compromised the matter.
14. The accused is acquitted from the offence, punishable under Section 138 of the N.I. Act, subject to deposit of 10 % of the cheque amount, as compounding fee. The bail bonds are discharged. Let the compounding fee be deposited within a period of four weeks from today, failing which, the present revision petition shall be deemed to have been dismissed and accused shall ::: Downloaded on - 06/07/2023 20:35:58 :::CIS 5 surrender before learned trial Court to undergo substantive sentence, imposed by the learned trial Court.
15. As per the statement of accused, an amount of Rs.
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11,000/- deposited with the learned trial Court, as well as, an amount of Rs. 45,000/- deposited with the Registry of this Court, are ordered to be released in favour of the complainant, after depositing the compounding fee, by the accused.
16. In view of above, the present Criminal revision petition is allowed in the aforesaid terms. Pending application(s), if any, are also disposed of.
(Virender Singh) Judge July 5, 2023 Kalpana ::: Downloaded on - 06/07/2023 20:35:58 :::CIS