Dhalu Ram vs Piar Singh Guleria

Vivek Singh Thakur, J

Present Revision Petition has been filed assailing judgment, dated 21.9.2020, passed by learned Additional Sessions Judge, Kullu, Himachal Pradesh, in Criminal Appeal No. 31 of 2019, whereby judgment/order dated 26.10.2012/31.10.2019, passed by learned Chief Judicial Magistrate, Kullu, District Kullu, H.P. in Cr. Complaint No. 373-1 of 2013, convicting and sentencing the petitioner-accused under Section 138 of Negotiable Instruments Act to undergo simple imprisonment for four months and to pay compensation of Rs. 2,10,000/- to the complainant, has been affirmed.

Complainant/respondent is present in the Court today and his statement has been recorded on oath, wherein he has stated that matter has been amicably settled with the accused/petitioner and as per compromise, he has agreed to withdraw the complaint for compounding the case on accepting payment of Rs. 1,00,000/- against payment of Rs. 2,10,000/- and thus he has prayed for compounding the case. He has further deposed that he is deposing in this Court out of his free will, consent and also without any external pressure, coercion or threat of any kind.

Petitioner/accused is also present in the Court today and his statement has been recorded on oath, wherein he has endorsed the statement of complainant to be true and correct. He has further stated that because of loss in business, he could not arrange the payment of entire amount of compensation and considering his financial condition, complainant/respondent has agreed for compounding the case by accepting Rs. 1,00,000/-, instead of Rs. 2,10,000/- and for his poor financial condition, he is also not in a position to pay compounding fee. He has further deposed that he is deposing in this Court out of his free will, consent and also without any external pressure, coercion or threat of any kind.

Consequently, respondent/complainant is permitted to withdraw the complaint 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and complaint arising out of dishonor of cheque, under Section 138 of the Negotiable Instruments Act, is treated to be withdrawn and judgments of conviction and sentence passed by the Courts below are quashed and set aside.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 due to poor financial condition, petitioner could not pay the amount well in time and now he has arranged the money from his nears and dears and paid the same to respondent. 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 State Legal Services Authority Vs. Prateek Jain and another 2014 (10) SCC 690, a lenient view be taken and the petitioner be exempted from payment of compounding fee.

Considering the entire facts and circumstances of the case, petitioner/accused is exempted from payment of compounding fee.

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

Parties are 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.