Lal Deen vs Manoj Kumar & Anr

Jyotsna Rewal Dua, J

The petitioner was convicted by the learned Judicial Magistrate First Class Tissa, District Chamba, H.P. on 05.04.2022 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 one year and to pay compensation of Rs.2,15,000/- to the complainant. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge, Chamba, Division Chamba, H.P. vide judgment dated 01.10.2022. These judgments and sentence order have been assailed by the petitioner in the instant criminal revision.

Learned counsel for the petitioner submitted that the petitioner has deposited Rs.86,000/- before the learned Trial Court. Learned counsel further submitted that the remaining amount of Rs.1,29,000/- in cash has been handed over to the respondent/complainant today (08.05.2023) before this Court. Learned counsel also submitted that the petitioner has no objection, in case, the amount deposited by him before the learned Trial Court, is ordered to be released in favour of the respondent-Manoj Kumar and accordingly, prays for compounding the offence and setting aside the judgments and order of sentence in question.

Learned counsel for the respondent has not denied the above position and submitted that Rs.1,29,000/- in cash has been received by the respondent today from the petitioner. Learned counsel prayed that Rs.86,000/- deposited by the petitioner before the learned Trial Court, be released in favour of the respondent. Learned counsel further submitted that the respondent has no objection, rather, he is praying for compounding the offence, for which the petitioner has been convicted by the learned Courts below in the instant case.

In their separate statements recorded today, the petitioner & respondent have reiterated having settled the matter & prayed for composition of the offence.

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 Judicial Magistrate First Class Tissa, District Chamba, in its judgment dated 05.04.2022, passed in Criminal Complaint No.52/19/17 and affirmed by learned Sessions Judge Chamba, H.P. vide judgment dated 01.10.2022 passed in Criminal Appeal No. 018/2022, is ordered to be compounded. The judgment and sentence order dated 05.04.2022, passed by learned Judicial Magistrate First Class Tissa, District Chamba, as affirmed by learned Sessions Judge, Chamba vide judgment dated 01.10.2022, 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 three weeks from today. Respondent is at liberty to withdraw the amount of Rs.86,000/- deposited by the petitioner before the learned Trial Court by moving appropriate application.

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

List for compliance on 30.05.2023.