Krishan Chand vs B.R. Sharma

Bipin Chander Negi, J

In the instant Revision Petition, an application under Section 147 of Negotiable Instruments Act (hereinafter referred to as “the N.I. Act”) for compounding of offence punishable under Section 138 of the N.I. Act has been filed jointly by the petitioner and the respondent. Since the same is duly supported by separate affidavits of both the parties, hence, no reply is intended to be filed.

From a perusal of the application, it is evident that a sum of Rs.2,27,000/- was handed over to the counsel for the respondent in cash and the said fact is not disputed by the learned counsel. Besides, the aforesaid, the balance compensation amoun of Rs.1,43,000/- has been deposited before the Judicial Magistrate First Class-IV, Shimla.

Briefs facts giving rise to the case at hand are that on a complaint filed by the present respondent against the petitioner under Section 138 of the Act before Judicial Magistrate First Class, Court No.IV, Shimla, District Shimla, H.P., in case No.170 -3 of 2019/14, the petitioner had been convicted and sentenced to undergo simple imprisonment for three months and to pay a compensation amount of Rs. 3,70,000/- to the complainant.

Feeling aggrieved with the aforesaid judgment dated 14.08.2019 and order of sentence dated 27.08.2019, the present petitioner had preferred a Criminal Appeal No. 26-S/10 of 2019. The said appeal was dismissed vide judgment dated 08.07.2021.

Feeling aggrieved by the aforesaid judgment, the present petitioner had preferred present Criminal Revision before this Court.

During pendency of the present Revision Petition, the petitioner had compromised the matter with the respondent.

Consequently in view of aforesaid, this Court finds no impediment in accepting the prayer made on behalf of the petitioner through application (Cr.M.P. No. 1244 of 2024) for compounding of the offence and the same is allowed. Matter is ordered to be compounded inter se parties. Impugned judgments of conviction and order of sentence passed by both the learned Courts below are quashed and set aside. Petitioner-accused is acquitted of the offence punishable under Section 138 of the Act.

In terms of judgment passed by the Hon’ble Apex Court in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663, the petitioner is required to pay compounding fee i.e. 15 % of the cheque amount as costs. The same has to be paid to the H.P. State Legal Services Authority, Kusumpati, Shimla-9, H.P. within a period of eight weeks from today.

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