Pardeep Kanwar vs Ram Transport Finance Company Limited

Virender Singh, J

The present revision petition has been filed against the judgment passed by the learned Additional Sessions Judge-II, Shimla, District Shimla (hereinafter referred to as ‘First Appellate Court’) dated 21.07.2022 in Criminal Appeal No.5-T/10/2021 titled as Pardeep Kanwar versus Shri Ram Transport Finance.

By way of judgment dated 21.07.2022, the learned First Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 23.10.2021, passed by the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P (hereinafter referred to as ‘trial Court’), vide which, the petitioner has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘NI Act’) and sentenced to undergo simple imprisonment for a period of one year and to pay a compensation of Rs.2,10,000/-.

Against the dismissal of the appeal, the present revision petition has been filed.

During the pendency of the revision petition, on 10.04.2023, by moving the Cr.M.P No.1148 of 2023, a prayer has been made by the petitioner for compounding the offence. Consequently, he was directed to deposit a sum of Rs.5,000/-, as compounding fees, with Himachal Pradesh State Legal Services Authority.

Consequently, the petitioner has deposited the amount vide Receipt No.4033 dated 24.06.2023 with Secretary, Himachal Pradesh State Legal Services Authority.

The authorized representative of the complainant-company, who is present in the Court, has submitted that the matter with regard to the Cheque No.4545066 dated 17.09.2010, amounting to Rs.2,00,000/- drawn on H.P. State Cooperative Bank, Theog has now been settled and the complainant Bank has also issued the No Due Certificate. His statement to that effect has been recorded separately.

It has also been stated by the accused, in his statement recorded today, that he has cleared the due amount against him by depositing the same with complainant. He has further submitted that he has deposited a sum of Rs.42,000/- with the learned trial Court and the same may kindly be refunded back to him. Ordered accordingly.

Since, the parties to the present proceedings have compromised the matter, as such, the present revision petition is allowed by setting aside the judgment of conviction and order of sentence dated 23.10.2021, by acquitting the accused from the offence punishable under Section 138 of the NI Act. Revision petition is decided accordingly.