Madan Lal vs Narayan Singh

Vivek Singh Thakur, J

Present Revision Petition has been filed assailing judgment dated 15.10.2019, passed by learned Additional Sessions Judge, Kinnaur at Rampur Bushehar, District Shimla, H.P., in Criminal Appeal No.11/2019, titled as Madan Lal vs. Narayan Singh, whereby judgment/order dated 22.02.2019, passed by learned Judicial Magistrate, First Class, Anni, Disrict Kullu, H.P., in Criminal Complaint No.122-III/2016, titled as Narayan Singh vs. Madan Lal, convicting and sentencing the petitioner-accused to undergo simple imprisonment for one year and to pay a fine of Rs.4,50,000/- to the complainant, has been affirmed.

Mr. Vikas Rajput, learned counsel, in his statement has stated that he is representing the petitioner and has been duly authorized to make statement on behalf of the petitioner in the Court. He has further stated that matter has been amicably settled and full and final amount of compensation stands paid to respondent Narayan Singh and he (respondent Narayan Singh) has sworn in an affidavit to that effect, copy whereof has been placed on record alongwith Cr.M.P. No.1583 of 2020 and respondent has agreed for withdrawal of the complaint for compounding the case. He has further stated that he has deposed strictly in consonance with instructions imparted to him by the petitioner.

Ms.Rinki Kashmiri, Advocate, in her statement has stated that she is appearing under instructions of learned original counsel Mr.Ajeet Pal Singh Jaswal, Advocate, who has been duly authorized to make statement on behalf of respondent-complainant and also to instruct her to depose on his behalf and she has been instructed to communicate no objection for compounding of the case as respondent-complainant has received entire amount of compensation as per terms/settlement arrived at between the parties with consent to withdraw the complaint. Therefore, she has been instructed to seek permission to withdraw the complaint for compounding the case. She has further stated that she has deposed strictly in consonance with instructions imparted to her by Mr.Ajeet Pal Singh Jaswal, learned original counsel, on the basis of instructions imparted to him by the respondent-complainant.

Consequently, complaint filed by complainant-respondent, arising out of dishonour of cheque under Section 138 of the Negotiable Instruments Act is compounded and, judgments of conviction and sentence passed by learned Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed against him.

Learned counsel for the petitioner submits that petitioner is facing poor financial condition and is not able to pay compounding fee @ 15% and, therefore, a prayer has been made by learned counsel for exempting or reducing the compounding fee, keeping in view ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663, as clarified in Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and another 2014 (10) SCC 690.

Considering the facts and circumstances of the case, instead of 15% of the cheque amount, it shall be appropriate to levy Rs.5,000/- as compounding fee upon the petitioner-accused. Accordingly, he is directed to deposit a sum of Rs.5,000/-, as compounding fee, with the H.P. State Legal Services Authority, Shimla, within four weeks from today and place receipt thereof on record of this petition.

In case of default in depositing compounding fee/cost with the H.P. State Legal Service Authority, Shimla, within the aforesaid period, the judgments of conviction and sentence shall automatically revive.

Petition stands disposed of, in the aforesaid terms, so also pending application(s), if any. Copy of this judgment be also sent to H.P. State Legal Services Authority, Shimla.

Copy dasti.