Ajay Kumar vs State Of H.P

Vivek Singh Thakur, J

Present revision petition has been filed assailing judgment dated 26.4.2022 passed by learned Additional Sessions Judge (II), Kangra at Dharamshala, District Kangra H.P., in Cr. Appeal/Registration No. 135 of 2018, whereby judgment/order dated 22.6.2018/27.06.2018, passed by learned Chief Judicial Magistrate, Kangra at Dharamshala, District Kangra, in Criminal Case No. 73-III/17/2015, convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of one year and to pay compensation of Rs.3,60,000/- to the complainant, has been affirmed.

2 Statements of Mr. Vishal Verma, learned counsel for petitioner and Mr. Vinod K. Sharma, learned counsel for respondent No.2, have been recorded today and placed on the file.

Learned counsel for respondent No.2, under instructions, has stated that he has been instructed to depose that matter has been settled with petitioner and as per settlement, petitioner has paid entire amount of compensation to respondent and in turn, respondent has agreed to compound the matter in present case and for that purpose, he has been instructed to withdraw the complaint filed under Section 138 of Negotiable Instrument Act, in terms of compromise and, therefore, as instructed, he has prayed to permit the respondent to withdraw his complaint and to record no objection of respondent for compounding the case and acquitting the petitioner. He has stated that he has deposed strictly in consonance with instructions imparted to him by respondent No.2 and further deposed that now in present case, nothing is to be recovered from petitioner.

4 Under instructions of petitioner, learned counsel for the petitioner has endorsed the statement made by learned counsel for the respondent as true and correct and has further stated that he has been instructed to pray for compounding the matter. He has stated that he has deposed strictly in consonance with instructions imparted to him by petitioner.

5 Consequently, respondent/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonour of cheque under Section 138 of Negotiable Instrument Act is treated to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside. Petitioner/accused is acquitted of the accusation framed against him.

6 Learned counsel for the petitioner has also prayed for imposing lesser compounding fee. It is also submitted by him that considering the ratio of law laid down by the Apex Court in Damodar S.Prabhu vs. Sayed Babalal H. (2010)5 SCC 663, as clarified by the Apex Court in Madhya Pradesh Legal Services Authority vs. Prateek Jain and another (2014)10 SCC 690, wherein it has been held that Court may reduce compounding fee for given facts and circumstances of a particular case, present case is a fit case of exemption of compounding fee.

Considering facts and circumstances of the case and keeping in view the prayer made on behalf of the petitioner, I am of the opinion that it is an appropriate case to impose lesser compounding fee. Therefore, petitioner is directed to deposit compounding fee of Rs.2000/-instead of 15% of cheque amount, with the H.P. State Legal Services Authority, Shimla within four weeks from today.

After depositing compounding fee, petitioner shall place a copy of receipt of deposit of compounding fee on record of this petition. In case of default in depositing compounding fee/cost with the H.P. State Legal Services Authority, Shimla within four weeks from today, the consequential action shall follow to recover the said amount as fine under Cr.P.C.

Petition stands disposed of, in the aforesaid terms, so also the pending application(s), if any.

10 Petitioner is permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned/H.P. State Legal Services Authority/Trial Court and the said authorities shall not insist for production of certified copy, but, if required, may verify it from the Website of the High Court.

Copy of this judgment be sent to H.P. State Legal Services Authority, Shimla for compliance.