Naresh Kumar vs Puran Chand & Anr

Jyotsna Rewal Dua, J

The petitioner was convicted by the learned Judicial Magistrate First Class Court No.4, Shimla, H.P. on 14.10.2019 for having committing offence punishable under Section 138 of Negotiable Instruments Act (the Act in short). Vide order dated 15.10.2019, he was sentenced to undergo simple imprisonment for a period of one month and to pay compensation of Rs.40,000/- to the complainant. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge, Shimla, H.P. vide judgment dated 21.03.2022. These judgments and sentence order have been assailed by the petitioner in the instant criminal revision and prayer has been made to compound the offence.

Learned counsel for the petitioner submitted that the petitioner has deposited Rs.40,000/- before the learned Trial Court and the same stands released to respondent No.1.

The respondent No.1/complainant has attended the hearing in person and vide his separate statement recorded on oath, he has admitted having received Rs.40,000/- from the petitioner-accused in terms of order dated 25.07.2022 passed by the learned Trial Court. He has expressed his no objection in case the offence under Section 138 of the Act, for which petitioner has been convicted by both the courts below is compounded and the judgments/orders passed by the learned Trial Court on 14/15.10.2029 as affirmed by the learned Appellate Court on 21.03.2022 are set aside.

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 Court No.4, Shimla, in its judgment dated 14/15.10.2019, passed in Complaint No.929-3 of 2019/12 and affirmed by learned Sessions Judge Shimla, H.P. vide judgment dated 21.03.2022 passed in Criminal Appeal No. 24-S/10 of 2021, is ordered to be compounded. The judgment and sentence order dated 14/15.10.2019 passed by Judicial Magistrate First Class Court No.4, Shimla, as affirmed by learned Sessions Judge vide judgment dated 21.03.2022, 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 four weeks from today.

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