CR.R/47/2016 on 30 December 2016

IN THE HIGH COURT OF HIMACHAL PRADESH

SHIMLA

Cr. Revision No. 47 of 2016

Decided on : 30.12.2016

Praveen Kumar

…..Petitioner.

Versus

Shri Goverdhan Dass & another

….Respondents.

Coram:

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

Whether approved for reporting?1

For the Petitioner:

Mr. H.S Rangra, Advocate.

For the Respondents: Mr. Maan Singh, Advocate, for respondent No.1.

Mr. R.S Thakur, Additional Advocate General for respondent No.2.

Sureshwar Thakur, J (oral)

The instant revision petition stands directed against the judgment of 2.1.2016 rendered by the learned Additional Sessions Judge, Mandi in Cr. Appeal No. 823/2013, whereby he affirmed the findings of conviction recorded against the Revisionist (for short “the accused”) by the learned Special Magistrate, Mandi in Complaint No. 1755-III/13 (05) on 5.8.2014.

1 Whether reporters of the local papers may be allowed to see the judgment?

…2…

2. Today the parties are present in Court. The learned counsel for the respondent/complainant submits that the dispute inter-se the parties at lis arising from the dishonour of cheque comprised in a sum of Rs.3,00,000/- standing amicably settled. He further submits that the instant Revision Petition be accepted and the accused/petitioner be acquitted of the offences charged. The Statement on oath of the respondent/complainant duly reduced into writing and signatured by him holds tandem with the aforesaid submissions addressed by his counsel before this Court. The respondent/complainant in his statement on oath duly reduced into writing and signatured by him divulges therein qua his receiving a sum of Rs. 2,25,000/-from the petitioner/convict.

The petitioner/convict in his statement on oath reduced into writing and signatured by him communicates therein qua his holding no objection in case a sum of Rs. 75000/- lying deposited in the Court of learned Special Magistrate, Mandi being ordered to be released in favour of the respondent/complainant by the learned Special Magistrate, Mandi in case he files an appropriate application therebefore. In view of the statements on oath recorded by the petitioner as well as of the respondent duly reduced into writing and signatured by them,

…3…

the Revision Petition is accepted and the impugned order(s)/judgments(s) are quashed and set aside. The accused stands acquitted. The offence(s) arising from the dishonor of negotiable instrument is ordered to be compounded. Consequently, a sum of Rs.75,000/- lying deposited in the Court of the learned Special Magistrate, Mandi/trial Court is ordered to be released in favour of the complainant/respondent in case he files an appropriate application therebefore.

However, the aforesaid order shall take effect only when the petitioner/accused deposits within four weeks 15% of the amount comprised in the dishonored Cheque before the H.P State Legal Services Authority. Records be sent back. All pending applications stand disposed of accordingly.

30th December, 2016.

( Sureshwar Thakur ), (priti)

Judge.