Balbir Bandta vs Deena Lal

Bipin Chander Negi, J

Cr.MP No. 341 of 2024 & Cr. Revision No. 654 of 2023

Vide order dated 18.12.2023, the order of sentence dated 09.01.2023 was suspended during the pendency of the present Revision Petition. During the pendency of the present Revision Petition, the accused/applicant has filed this Criminal Miscellaneous Petition under Section 482 of Code of Criminal Procedure read with Section 147 of N.I. Act with the prayer to compound the offence in question in the light of the fact that the accused /applicant has paid the compensation amount in the case at hand to the complainant and as a consequence thereof, to acquit the accused/applicant for the offence punishable under Section 138 of the N.I. Act.

It is jointly submitted by learned counsel for the parties that during the pendency of the Criminal Miscellaneous Petition parties have amicably settled their dispute. The compromise deed dated 31.10.2023 duly signed by both the parties has been entered into between the accused/applicant and the complainant.

Vide separate statement recorded today of both the complainant and the accused/applicant, the factum of the parties having entered into a compromise dated 31.10.2023 has been admitted. The compromise has been taken on record and has been exhibited as Ext.

Signatures thereupon have been appended at encircle B & A by the accused/applicant and the complainant respectively. The same have been duly identified by the parties and their counsel.

On consideration of submissions jointly made on behalf of the respective parties and the material, i.e. compromise entered into between the applicant/accused and the complainant, I find it a fit case, in which the present criminal miscellaneous petition is to be allowed.

Consequently, in view of the compounding the offences judgment dated 13.09.2023, passed by the Additional Sessions Judge, Rohru, in Criminal Appeal RBT No. 66-R/10 of 2023, titled Balbir Bandta vs. Deena Lal and judgment dated 07.01.2023, passed by learned Additional Chief Judicial Magistrate, Rohru, in Criminal Case No. 82-3 of 2019, titled Deena Lal vs. Balbir Bandta are set-aside and as a consequence thereof the applicant/accused is acquitted there from.

This compounding is subject to the applicant/accused depositing 15% of the cheque amount, in terms of the judgment passed by a Larger Bench of Hon’ble Supreme Court in Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663.

The amount of cheque in question was Rs.1,00,030/-, 15% of which, comes out to be Rs.15,000/-. The applicant/petitioner shall deposit the amount of Rs.15,000/-, within a period of four weeks from today, in the Office of Himachal Pradesh State Legal Services Authority, Shimla, failing which, this order of compounding shall automatically stand cancelled and the judgment passed by both the Courts below shall stand revived.

In terms of the compromise entered into the parties, which has been placed on record Ext.-1, a sum of Rs. 30,000/- which stand deposited in the Court of learned Additional Chief Judicial Magistrate, Rohru, be released in favour of Deena Lal- complainant. The same be released on moving of an appropriate application before the concerned Court in this respect.

The petition alongwith all applications stand disposed of accordingly.

For compliance, list after six weeks.