CR.R/178/2016 on 29 December 2017

IN THE HIGH COURT OF HIMACHAL PRADESH

SHIMLA

Cr. Revision No. 178 of 2016

Decided on : 29.12.2017

Roshan Lal

…..Petitioner.

Versus L.I.C. Housing Finance Ltd.

….Respondent.

Coram:

The Hon’ble Mr. Justice Sureshwar Thakur, Judge.

Whether approved for reporting?1

For the petitioner: Mr. Praveen Chandel, Advocate.

For the respondent: Ms. Ashna Gupta, Advocate, vice counsel.

Sureshwar Thakur, J (oral)

The instant petition stands instituted at the instance of the petitioner herein under Section 397 read with Section 401 of the Code of Criminal Procedure and is directed against the judgment of conviction recorded by the learned Additional Sessions Judge, Shimla in Cr. Appeal No.45-S/10 of 2014, whereby he affirmed the conviction recorded by the learned Additional JMIC Court No.2, Shimla in Case No. 461-3 of 2010, upon the accused/petitioner, for his committing an offence punishable under Section 138 of the Negotiable Instruments Act besides affirmed the 1 Whether reporters of the local papers may be allowed to see the judgment?

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imposition upon the petitioner/accused by the learned trial Court, of sentence(s) of simple imprisonment extending for a term of six months besides his being liable to pay compensation comprised in a sum of Rs. 4,94,900/-.

2. During the pendency of the revision petition before this Court, the learned vice counsel for the respondent/ complainant, has, in her statement without oath, duly reduced into writing and signatured by her, made a disclosure therein, of the entire liabilities arising out of dishonour of negotiable instrument standing liquidated vis-à-vis the respondent/complainant, by the petitioner/accused. Furthermore, she makes a prayer in her signatured statement, of this Court, hence, proceeding to record an order for compounding the offence arising out of dishonour of negotiable instrument. The aforesaid statement rendered by the learned counsel for the respondent, is accepted, by the learned counsel appearing for the petitioner/convict.

3. Cumulatively, this Court is constrained, to order for composition of the offence arising from dishonour of negotiable instrument. In sequel, the revision petition is accepted. The judgments impugned before this Court are quashed and set aside. The accused/petitioner is acquitted of the charge framed against

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him. The aforesaid order shall take effect, upon, the petitioner/accused, depositing, within three months from today, 15% of the cheque amount, before the State Legal Services Authority.

4. Given the statement of the learned vice counsel for the complainant/respondent herein of the convict liquidating vis-à-vis it, the entire amount comprised in the dishonoured Negotiable Instrument, thereupon warrants if any issued by the Registry of this Court, for committing the accused/petitioner herein to judicial custody, be recalled and if issued be not executed. In view of the above directions the petition as well as all pending application(s), if any, are disposed of.

29th December, 2017

(Sureshwar Thakur), (kck)

Judge.

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Cr. Revision No. 178 of 2018 Statement of Ms. Ashna Gupta, Advocate, for the respondent/complainant.

Without oath

29th December, 2017

Stated that I have instructions from the respondent/ complainant that the petitioner/convict has liquidated the entire liabilities, arising out of the dishonor of negotiable instrument, thereupon she has no objection in case the instant petition is allowed and the conviction and sentence pronounced upon the accused is quashed and set aside. Also, the offences constituted under the Negotiable Instruments Act be ordered to be quashed and set aside.

RO & AC

(Sureshwar Thakur)

Judge.

29th December, 2017.