Puroshatam Shara vs Virender Singh

Ajay Mohan Goel, J

Cr.Rev. No. 49 of 2022 & Cr.M.P. No. 1666 of 2022

By way of this revision petition, the petitioner has challenged the judgment passed by the Court of learned Judicial Magistrate 1st Class, Nahan, District Sirmour, H.P., in criminal complaint Case No. 73-3 of 2017, titled as Virender Singh Vs. Puroshatam Sharma, which criminal case stood disposed of by learned Trial Court vide judgment dated 30.01.2020, by sentencing the present petitioner, vide order of sentence dated 31.01.2020, to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs. 5,00,000/- to the complainant, as well as the judgment passed in appeal by the Court of learned Sessions Judge, Sirmaur District at Nahan, Himachal Pradesh. i.e. Criminal Appeal No. 20-Cr.A./10 of 2020, titled as Puroshatam Sharma, vs. Virender Singh, dated 07.12.2021, vide which, the judgment passed by learned Trial Court was upheld by the learned Appellate Court and the appeal filed by the present petitioner against the judgment passed by learned Trial Court was dismissed.

When this case was listed before the Court on 02.06.2022, the following order was passed:-

“Mr. Ashok K. Tyagi, learned Counsel for the petitioner informs the Court that the matter has been amicably settled by the petitioner with the respondent, as whatever was due from the petitioner stands paid to the respondent. Mr. Mohan Singh, learned Counsel for the respondent ratifies the statement of Mr. Tyagi.

In these circumstances, as prayed for, the case is ordered to be listed after four weeks, and in the meanwhile, the petitioner, as prayed for, may file an application praying for compounding of the offence, subject to deposition of 5% of the cheque amount with State Legal Services Authority within the same period.

List on 06.07.2022.

At this stage, learned Counsel for the petitioner submits that time to furnish bail bonds be extended. Let the bail bonds, in terms of order dated 21.01.2022, be furnished within a period of two weeks.

Interim protection granted to the petitioner to continue.”

Today in the present petition, an application, i.e. Cr.MP No. 1666 of 2022, has been filed under Section 147 of the Negotiable Instruments Act for compounding of the offence. Alongwith said application, learned Counsel for the petitioner has appended a receipt issued by HP State Legal Services Authority, Shimla, showing deposit of 5% of the cheque amount, in terms of the directions passed by this Court vide order dated 02.06.2022, which is ordered to be taken on record.

Learned Counsel for the petitioner submits that in view of said development, it will be in the interest of justice, in case, this Court exercises its power of compounding the offence in terms of the judgment of Hon’ble Supreme Court of India in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 Supreme Court Cases 663.

Having heard learned Counsel for the petitioner and taking into consideration the fact that the matter, which led to filing of the criminal case under Section 138 of the Negotiable Instruments Act, now stands settled between the parties and as per directions of the Court, 5% of the cheque amount has already been deposited by the petitioner as compounding fee with HP State Legal Services Authority, Shimla, this Court orders the compounding of the offence in question. As a consequence, the judgment as well as order of sentence passed by learned Magistrate 1st Class, Nahan, District Sirmour, H.P., in criminal complaint Case No. 73-3 of 2017, titled as Virender Singh Vs. Puroshatam Sharma, dated 30.01.2022/31.01.2022, as also the judgment passed in appeal by learned Sessions Judge, Sirmaur District at Nahan, District Sirmaur, H.P. dated 07.12.2021, affirming the judgment of conviction and order of sentence passed by learned Trial Court, are ordered to be set aside.

The petition as well as application filed for compounding of the offence stand disposed of in above terms, so also any other pending miscellaneous application(s), if any.