Anup Singh vs State Bank Of India

Tarlok Singh Chauhan, J

Challenge in the present criminal revision petition is the judgment dated 01.12.2018 passed by the learned Judicial Magistrate, vide which the petitioner has been convicted under Section 138 of the Negotiable Instrument Act (hereinafter referred to as Act) and has been sentenced to undergo simple imprisonment for one year and to pay a compensation of Rs.1,65,000/- to the complainant and in default to undergo simple imprisonment for a period of one month.

Briefly stated facts of the case are that complainant filed a complaint before the learned Trial Magistrate alleging therein that a sum of Rs. 96,3000/- was due towards the petitioner/accused and to discharge this amount he issued Cheque No. 902576 dated 01.05.2010 in favour of the bank, however, the cheque was dishonored vide memo dated 06.05.2010 for the reason “insufficient fund”. Thereafter, legal notice dated 20.05.2010 was issued upon the address of the petitioner/accused but he intentionally refused to acknowledge the same and the same was received back on 26.05.2010 with the endorsement “unclaimed”.

The learned Trial Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for a period of one year and to pay a compensation of Rs. 1,65,000/-(Rs.96,300/- cheque amount + Rs. 68,700/- for sufferings).

Aggrieved by the judgment of conviction and sentence, the petitioner preferred an appeal which was dismissed by the learned Additional Sessions Judge on 22.07.2021 and the judgment passed by the learned Trial Magistrate was affirmed.

That after judgment dated 22.07.2021, the petitioner contacted the respondent and thereafter parties have entered into a settlement and the petitioner paid the principal amount and interest of Rs.6,30,000/- and the bank issued a receipt to this effect. After the settlement both the parties have submitted an application before the Lok Adalat for amicable settlement and requested for modification of the order dated 22.07.2021. The Lok Adalat on 11.09.2021 recorded the statement of the Chief Manager of the respondent Bank wherein it was specifically acknowledged that the petitioner had made the entire payment based on the compromise.

The Lok Adalat passed the order on 11.09.2021, which reads as under:-

“Present pre-litigation case taken up before National Lok Adalat. Sh. Sunil Kumar, Chief Manager of the applicant bank has stated vide his separate statement on record that respondent/borrower Sh. Anoop Singh has made the entire payment to the applicant bank, hence, he withdraws the present pre-litigation case. Accordingly, matter stands settled between the parties at pre-litigation stage. Case after registration be consigned to record room.”

The petitioner is an illiterate and innocent rustic villager and not knowing the intricacies of the law and even made the entire payment to the bank and having entered into amicable settlement, had wrongly approached the Lok Adalat, which otherwise had no jurisdiction and petitioner ought to have approached this Court in the revision petition. Hence, this petition.

This Court on 07.01.2022, passed the following orders:-

“Issue notice to the respondent, returnable for 08.04.2022, on taking steps within two days.

Cr. M.P. No. 93 of 2022

Since, the entire amount has been deposited and the matter is otherwise compromised, as is evident from the documents appended with this petition, the operation and execution of sentence imposed vide judgment dated 01.12.2018 passed by learned Judicial Magistrate, 1st Class, Court No. 2, Sundernagar, District Mandi, H.P. in Criminal Complaint No. 170-I/2010 and as upheld and affirmed vide judgment dated 22.07.2021, passed by learned Additional Sessions Judge Sundernagar, District Mandi in Criminal Appeal No. 241/2018, is ordered to be suspended.”

Despite service, none has appeared on behalf of the respondent, which go to indicate that the matter has been amicably settled and the same otherwise find mention in the Certificate issued by the respondent Bank dated 16.09.2021, which reads as under:-

“TO WHOM IT MAY CONCERN

It is certified that we have sanctioned a home loan of Rs. 6,30,000/- vide Account number 30556583428 on dated 06.11.2008 to Mr. Anoop Singh s/o Sh. Dhani Ram, resident of Vill. Bari Gumanu, P.O. Gumanu, Tehsil Sadar, Distt. Mandi, which has been closed under compromise on 11.09.2021 and nothing is due to us in the captioned loan account.”

Sd/-

Chief Manager

Therefore, taking into consideration the law laid down by the Hon'ble Supreme Court in Rajendra vs. Nand Lal 2020 (1) RCR (Cri.) 166, this Court deem it proper to compound the case and consequently set aside the judgments of conviction and sentence passed by both the Courts below.

The petition is allowed in the aforesaid terms.