Himachal Pradesh High Court
CR.R/94/2012 on 28 December 2012
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr. Revision No.94 of 2012 along with
Cr.MPs No.522 and 523 of 2012. Date of decision: 28.12.2012 ____________________________________________________ Sh. Chuni Lal S/o Sh. Nand Lal, resident of Village Matwar/Sadhyana, P.O. Sadhyana, Tehsil Sadar, District Mandi, H.P.
..Petitioner.
Versus
Sh. Baldev Chand S/o Sh. Narain Dass, resident of Village Kathyana, P.O. Bir, Tehsil Sadar, District Mandi, H.P.
..Respondent. ____________________________________________________
Criminal Revision Petition under Section
397/401 of the Criminal Procedure Code. ____________________________________________________
Coram
The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ____________________________________________________ For the petitioner:
Mr. H.S. Rangra, Advocate.
For the respondent: Respondent in person.
V.K. Sharma, J. (Oral).
Heard. Pursuant to a complaint filed by the respondent, who is present in the Court in person and is identified by Mr. G.R. Palsra, Advocate, against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (in short the ‘Act’), the latter was convicted and sentenced to suffer simple imprisonment for six months and to pay compensation of `30,000/- (thirty thousand) to the respondent. Being aggrieved,
Whether reporters of Local Papers may be allowed to see the judgment?No .
he carried the matter in appeal to the Sessions Court, but without any success. Consequently, he is before this Court in revision.
2. Against the foregoing background, Cr.MP No.522 of 2012 has been moved by the petitioner for compounding the case. The proposed compromise, which is supported by affidavits of the parties, has also been filed as Cr.MP No.523 of 2012.
3. In view of compromise between the parties, which appears to be genuine and justified and is permissible under Section 147 of the Act, they are permitted to compound the offence. Consequently, the petitioner shall stand acquitted of the offence. However, it shall be subject to the petitioner depositing a sum of `3,000/- (three thousand), being 15% of the cheque amount of `20,000/- (twenty thousand) with H.P. High Court Legal Services Committee in terms of the mandate of the Hon’ble Supreme Court, which is stated to have already been deposited in the Registry, as per receipt shown in the Court, which is taken on record. It being so, the Registrar General of this Court shall take requisite steps to remit the deposited amount to the H.P. High Court Legal Services Committee along with a copy of this judgment, forthwith.
4. The applications as also revision petition stand disposed of accordingly.
(V.K. Sharma)
Judge
December 28, 2012 (rkv)