CR.R/117/2013 on 30 December 2022

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Criminal Revision No. 117 of 2013 a/w Cr.MP No. 4141 of 20222. Decided on : 30

th December, 2022. Yashpal Soni ...Petitioner.

Versus Santosh Kumar & Anr. ....Respondent.

Coram:

The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Munish Dhatwalia, Advocate, with the petitioner. For Respondent No.1: Mr. Ashwani Kaundal, Advocate, with respondent No.1. For Respondent No.2: Mr. Desh Raj Thakur, Addl.A.G.

Satyen Vaidya, Judge (Oral). By way of Cr.MP No. 4141 of 2022, permission has been sought to compound the offence under Section 138 of the Negotiable Instruments Act.

2. Respondent No.1 herein prosecuted the petitioner for offence under Section 138 of the Negotiable Instruments Act by filing a complaint before the learned Judicial Magistrate 1 Whether reporters of the local papers may be allowed to see the judgment?

First Class, Barsar, District Hamirpur, H.P. Petitioner was convicted vide judgment dated 31.05.2011 and was sentenced to undergo rigorous imprisonment for six months and to pay fine to the tune of Rs.32,000/- and in default of payment of fine, to further undergo simple imprisonment for three months. The appeal filed by the petitioner was also dismissed. Hence, the petitioner approached this Court by way of instant revision petition.

3. During the pendency of the revision petition, the parties are stated to have entered into a settlement. A written agreement evidencing the terms of such settlement has been placed on record as Annexure A-1 with Cr.MP No. 4141 of 2022. As per the agreement, it has been settled that petitioner will pay a sum of Rs.57,000/- in totality to respondent No.1 in full and final settlement of all his claim. It has further been agreed that respondent No.1 shall be entitled to Rs.32,000/- deposited by the petitioner in the Registry of this Court in terms of orders passed in the instant petition. Remaining amount of Rs.15,000/- was agreed to be …2…

paid by petitioner to respondent No.1 on or before 25th December, 2022.

4. It is submitted in the Court today that all the terms of agreement Annexure A-1 have been fulfilled. Rs.15,000/- has been paid by petitioner to respondent No.1 on 23.12.2022. Respondent No.1, who is present in Court has acknowledged the receipt of such amount. The offence under Section 138 of the Negotiable Instruments Act is compoundable.

5. It is more than settled that the composition of offence under Section 138 of the Negotiable Instruments Act can be allowed even after recording of conviction against the accused.

6. Since, the parties have amicably settled and resolved all their disputes, there is no legal impediment in grant of prayer made in the application.

7. Keeping in view the entirety of the facts and circumstances of the case, the application is allowed and the offence under Section 138 of the Negotiable Instruments Act for which the petitioner was tried and convicted by learned …3…

Judicial Magistrate First Class, Barsar, District Hamirpur, H.P. in complaint No. 138-I-2010, is allowed to be compounded. In result the judgment passed by learned Judicial Magistrate 1st Class, Barsar, District Hamirpur, H.P. in Complaint No. 138-I- 2010, on 31.05.2011/07.06.2011 and affirmed by the learned Sessions Judge, Hamirpur, H.P. in Criminal Appeal No. 36 of 2011 is allowed, are set aside. The petitioner is acquitted of all the charges.

8. This order, however, shall be subject to the condition that the petitioner shall deposit 10% of the cheque amount with the H.P. State Legal Services Authority within four weeks from today. In case of default of petitioner in depositing the amount with the H.P. State Legal Services Authority within the time allowed as above, this order shall automatically stands reviewed and the conviction and sentence of the petitioner shall revive.

9. In view of the settlement arrived at between the parties, the amount of Rs.32,000/- lying in deposit in the Registry of this Court be released in favour of respondent …4…

No.1 on his furnishing the details of his bank account with the Registry. The petition stands accordingly disposed of. For compliance list on 24th March, 2023.

(Satyen Vaidya) Judge 30th December, 2022.

(jai)

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