Dharam Prakash vs M/S Aarti Goel

Jyotsna Rewal Dua, Judge

The petitioner was convicted by the learned Chief Judicial Magistrate, Shimla, District Shimla, on 29.10.2021 for having committed offence punishable under Section 138 of Negotiable Instruments Act (the Act in short). He was sentenced to undergo simple imprisonment for a period of three months and to pay compensation of Rs.3,50,000/- to the complainant. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge, Shimla, District Shimla, H.P. vide judgment dated 28.2.2022. These judgments and sentence order have been assailed by the petitioner in the instant criminal revision.

Learned counsel for the petitioner submitted that the cheque in question was for Rs.2,24,687/-. As against it, the learned Courts below have granted compensation amount of Rs.3,50,000/- to the respondent. Learned counsel for the petitioner submitted that the petitioner has deposited the entire compensation amount of Rs.3,50,000/- in the Registry of this Court on 3.11.2022. Learned counsel for the petitioner further submits that in view of the deposit of entire compensation amount, the present matter may be compounded and the petitioner be acquitted of the offence under Section 138 of the Negotiable Instruments Act. Learned counsel also submitted that the petitioner has no objection for release of entire compensation amount in favour of the respondent.

Learned counsel for the respondent has no objection to the aforesaid prayer. He further submits that the entire compensation amount of Rs.3,50,000/- deposited by the petitioner be released in favour of the respondent by remitting the same in his Saving Bank Account, particulars whereof shall be supplied the learned counsel for the respondent within one week.

It is well settled that the offences under the provisions of Negotiable Instruments Act are compoundable even after the conviction of the accused. Since the parties have settled the matter amongst themselves, therefore, prayer of the petitioner for compounding the offence and for setting aside the judgments of conviction and order of sentence can be allowed. Ordered accordingly.

The offence, for which the petitioner has been sentenced and convicted by the learned Chief Judicial Magistrate, Shimla, District Shimla, H.P. in its judgment dated 29.10.2021, passed in CIS CNR No.HPSH110007502014 and affirmed by learned Sessions Judge Shimla, H.P, vide judgment dated 28.2.2022, passed in Criminal Appeal No.28-S/10 of 2021, is ordered to be compounded. The judgment and sentence order dated 29.10.2021 passed by Chief Judicial Magistrate, Shimla, District Shimla, H.P. as affirmed by learned Sessions Judge vide judgment dated 28.2.2022, are set aside. Petitioner is acquitted of all the charges. This order is subject to the condition that the petitioner will deposit 5% of the cheque amount with the Himachal Pradesh State Legal Services Authority, within a period of eight weeks from today. Amount of Rs.3,50,000/-, deposited by the petitioner in the Registry of this Court alongwith interest, if any, accrued upon is ordered to be released in favour of the respondent by crediting the same in his bank account, on supplying the details whereof by his learned counsel within one week from today.

The present criminal revision stands disposed in the above terms of, so also the pending miscellaneous application(s), if any.

List for compliance on 03.07.2023.