Goverdhan Singh vs Ashok Kumar

Cr.MP(M) No.69 of 2018

Mr. Amar Dev Sharma, Advocate has filed Power of Attorney on behalf of the respondent.

Mr. Amar Dev Sharma, learned counsel representing the respondent, on the instructions, having been imparted to him by his client, Sh. Ashok

Kumar, who is present in Court, stated that he has no objection in case the delay in maintaining the instant criminal revision petition is condoned.

Consequently, in view of the averments contained in the application as well as statement having been made by learned counsel for the respondent,

delay of 3 years six months and 29 days in maintaining the present petition is condoned. Criminal Revision Petition be registered. Application

stands disposed of.

Cr. Revision No.37 of 2018.

Instant Criminal Revision Petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the

judgment dated 13.06.2014, passed by learned Additional Sessions Judge-(II) Camp at Rohru, District Shimla H.P in Criminal Appeal No. RBT

No. 2- S/10 of 2014/2012, affirming the judgment of conviction and sentence dated 28.5.2012/29.5.2012, passed by learned Judicial Magistrate,

1st Class, Court No.1, Rohru, District Shimla, H.P. in Case No. 45/3 of 2011, whereby learned trial Court, while holding petitioner-accused guilty

of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple

imprisonment for a period of six months and to pay a sum of Rs.80,000/-, as compensation to the complainant and in default of payment of

compensation to further undergo simple imprisonment for 1 1/2 months .

Briefly stated facts, as emerged from the record are that the respondent (hereinafter referred to as the complainant), filed a complaint under

Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) in the Court of learned Judicial Magistrate, 1st Class, Court

No.1, Rohru, District Shimla, H.P., alleging therein that in the year, 2010, accused had persuaded him to send apple boxes for sale in his shop at

Rohru and on his request complainant sent 71 apple boxes of Royal variety for sale at Rohru and net sale consideration of 71 apple boxes comes

to Rs. 67,200/-. In partial discharge of the said debt, accused issued a cheque bearing No. 098128, amounting to Rs. 45,000/- dated 12.12 2010

in favour of the complainant drawn at Punjab National Bank, Rohru, however fact remains that on presentation, cheque issued by the accused was

dishonoured on account of ""insufficient funds"" in the account of the accused. Since, the accused failed to make the payment good despite

opportunity having been afforded by the complainant by way of legal notice, he was compelled to initiate proceedings under Section 138 of the

Act, in the competent Court of law.

Subsequently, learned trial Court on the basis of the evidence adduced on record by the respective parties, came to the conclusion that the

present petitioner-accused is guilty of having committed the offence punishable under Section 138 of the Act, and accordingly convicted and

sentenced him, as per the description already given supra.

Feeling aggrieved and dissatisfied with the judgment of conviction and order of sentence passed by learned trial Court, present petitioner-

accused filed an appeal under Section 374 of the Code of Criminal Procedure in the Court of learned Additional Sessions Judge (II), camp at

Rohru, which came to be registered as Cr. Appeal No. RBT-2-S/10 of 2014/2002, however fact remains that same was dismissed, as a result of

which, the judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioneraccused

approached this Court by way of instant Criminal Revision Petition, praying for her acquittal after quashing and setting-aside the impugned

judgments passed by the Courts below.

Today, during the proceedings of the case, learned counsel representing the parties moved an application under Section 147 of the Act, for

compounding the offence/case in question, which is taken on record and Registry is directed to register the same. Learned counsel representing the

parties, on instructions of their respective clients, who are present in Court, stated that parties have amicably settled the matter and in view of the

compromise arrived inter-se the parties, entire compensation amount stands paid to the complainant.

Mr. Amar Dev Sharma, learned counsel, on instructions of complainant namely Ashok Kumar, categorically stated that the complainant has no

objection in case the conviction and sentence recorded by the leaned courts below are quashed and set-aside and accused is acquitted of the

charge framed against him. Learned counsel for the parties further stated that since parties have compromised the matter amicably and as such,

instant matter can be ordered to be compounded in terms of the law laid down by the Hon''ble Apex Court in Damodar S. Prabhu v. Sayed

Babalal H.(2010)5 SCC 663.

Though, perusal of the averments contained in the application, which has been signed by both the parties, suggest that parties have amicably

settled the matter inter-se between them, but this Court with a view to ascertain the genuineness and correctness of the averments contained in the

application, also recorded the statements of the parties, who are present in court. Both the parties present in court stated on oath that they have

amicably settled the matter without there being any external pressure and they have no objection in case the instant matter is ordered to be

compounded in terms of the judgment passed by the Hon''ble Apex Court in Damodar S. Prabhu case supra. Their statements are taken on

record.

Consequently, in view of the averments contained in the application, which is duly supported by affidavits of respondent/complainant namely Sh.

Ashok Kumar and wife of the petitioner namely Smt. Rameshwari Devi, this court sees no impediment in accepting the aforesaid prayer having

been made by learned counsel for the parties to the lis. Accordingly, the judgments of conviction and sentence passed by the learned courts below

are quashed and set-aside. The accused is acquitted of the charge so framed against him under Section 138 of the Act.

At this stage, learned counsel representing the petitioner stated that since the petitioner/accused is in judicial custody, he be released forthwith.

Registry is directed to issue release warrant forthwith.

The petition is disposed of along with pending applications, if any.

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