Ashish Kumar vs Rajwant Manta

Vivek Singh Thakur J

Present Revision Petition has been filed assailing judgment, dated 10.7.2019, passed by learned Additional Sessions Judge (1), Shimla, District

Shimla, H.P. in Criminal Appeal No. 8-S/10 of 2018, whereby judgment/order dated 26.12.2017/19.1.2018, passed by learned Additional Chief Judicial

Magistrate, Court No. II, Shimla, in Cr. Case No. 522/3 of 2014/2013, convicting and sentencing the petitioner-accused under Section 138 of

Negotiable Instruments Act to undergo simple imprisonment for three months and to pay compensation of .Rs.2,10,000/- to the complainant, has been

affirmed.

Respondent/complainant Rajwant Manta, had attended the Court on 30.10.2020 and on that date his statement on oath was recorded, wherein he

had stated that in case petitioner pays .Rs.11,000/- in addition to .Rs.2,10,000/- deposited by him in the court, he would be ready to compound the

matter and in that eventuality, he had extended his undertaking to withdraw the complaint for compounding out of his free will, consent and without

any fear, threat, coercion or pressure.

After recording of statement of respondent/complainant, learned counsel for the petitioner had sought time to deposit the additional amount of

.Rs.11,000/-. Now additional amount of .Rs.11,000/- has been deposited with the Registry of This Court.

Consequently, respondent/complainant is permitted to withdraw the complaint in view of his statement recorded on oath on 30.10.2020 and matter is

compounded and complaint arising out of dishonor of cheque, under Section 138 of the Negotiable Instruments Act, is treated to be withdrawn and

judgments of conviction and sentence passed by the Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed

against him.

Learned counsel for the petitioner has prayed for exemption of compounding fee on the ground that he has already paid additional compensation of

Rs.11,000/-.

Considering the entire facts and circumstances and ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5)

SCC 663 as clarified in Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and another 2014 (10) SCC 690, instead of 15% of the

cheque amount, petitioner/accused is directed to deposit .Rs.3,000/- as compounding fee with the H.P. State Legal Services Authority, Shimla on or

before 1st April, 2021.

After depositing compounding fee/cost, 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 Service Authority, Shimla on or before 1st April, 2021, the judgments of

conviction and sentence shall automatically revive.

As the entire amount of compensation stands deposited by the petitioner/accused in the Registry of this Court, Registry is directed to release the

entire amount of compensation and the additional amount along with up to date interest, if any, deposited by the petitioner/accused in favour of

respondent /complainant Rajwant Manta, by remitting the same in his bank account No. 430102266 H.P. State Co-operative Bank, Sanjauli Branch,

Shimla forthwith.

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

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

Petitioner is permitted to use downloaded copy from the High Court website for depositing the compounding fee with the H.P. Legal Services

Authority, Shimla and for other purposes also. Concerned authority shall not insist for certified copy. Passing of order may be verified from High

Court website.

Copy Dasti.