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Judgment
13 paragraphs · 336 wordsSureshwar Thakur, J
Today, petitioner/accused, and, respondent /complainant both appear before this Court in person. They have made the hereinafter extracted respective statements on oath:
"Statement of Sh. Puran Dass, son of Sh. Sant Ram, resident of Village Matnali, P.O. Pabina, Tehsil Rajgarh, District Sirmour, H.P.
On oath:
8th September, 2021
Stated that I have liquidated a sum of Rs. 92,000/ to the respondent/complainant. I do not have any objection in case a sum of Rs. 8,000/ lying deposited on the establishment of the learned trial Magistrate concerned, is, ordered to be released in favour of respondent/complainant.
"Statement of Sh. Kewal Chand, son of Sh. Gulab Singh, resident of Village and Post Office Kumarhatti, Tehsil and District Solan, H.P."
On oath:
8th September, 2021
Stated that I have heard the statement of petitioner/accused. I, have received a sum of Rs. 90,000/ from the petitioner/accused, and, in case a sum of Rs. 8000/, lying deposited on the establishment of the learned trial Magistrate concerned is ordered to be released in my favour, thereupon, I have no objection in case this Court proceeds, to, record an order for compounding the offence. Moreover, I have also no objection in case, the accused is acquitted of the offences charged."
In pursuance to the afore made statements, this Court is making an order for compounding the charged offence. Consequently, the revision petition is accepted, and, the petitioner/accused is acquitted of the offence borne in Section 138 of the Negotiable Instruments Act. Personal and surety bonds stand cancelled.
The establishment of the learned trial Magistrate concerned is directed to forthwith release to the respondent/ complainant a sum of Rs. 8000/, as, is lying deposited therein. The afore release shall be made to the saving bank account of the respondent/complainant.
However, the afore order order shall take effect, only upon, the petitioner/accused, within four weeks, depositing 15% of the amount, comprised in the dishonored Cheque, before the H.P State Legal Services Authority. All pending applications stand disposed of accordingly.