Ram Dass vs Middle Singh

Virender Singh, J

Cr. Revision No. 20 of 2023

The present revision petition has been filed by the petitioner, against the dismissal of his appeal, titled as, ‘Ram Dass versus Middle Singh’, by the Court of learned Additional Sessions Judge, (CBI), Shimla, H.P. The petitioner had preferred the said appeal against the judgment of conviction and order of sentence, dated 17.12.2020, passed by the learned Chief Judicial Magistrate, Court No. 1, Rohru, District Shimla, in a complaint under Section 138 of the Negotiable Instruments Act, bearing Criminal case No. RBT­260/3 of 2019, titled as, ‘Middle Singh versus Ram Dass’.

By way of judgment of conviction and order of sentence, petitioner Ram Dass has been convicted, for the offence, punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of one year and to pay compensation to the tune of Rs. 9,20,000/­ to the complainant.

The petitioner has assailed the said judgment of conviction and order of sentence, dated 17.12.2020, by way of Appeal, before the Court of learned Additional Sessions Judge, (CBI), Shimla. The said appeal has been dismissed. Hence, the petitioner has preferred the present revision petition, before this Court.

However, on 16.1.2023, the matter has been compromised between the parties. The original compromise has been furnished by learned counsel for the petitioner in open Court. The statements of the petitioner Ram Dass as well as learned counsel representing the respondent have been recorded.

From the cumulative effect of the compromise as well as the statements recorded today, it is crystal clear that the matter has now been compromised between the parties, as the petitioner, on oath, has stated that he has paid a sum of Rs. 6,16,000/­ to complainant Middle Singh and this fact has duly been acknowledged by learned counsel representing the respondent. He has also deposed that remaining amount of Rs. 1,84,000/­, has been deposited by him in the Court of learned Additional Chief Judicial Magistrate, Court No. 1, Rohru on 12.3.2021 and he has no objection, if the said amount is released in favour of the complainant Middle Singh, without any notice to him.

Since both the parties, in unequivocal terms, have prayed for compounding the offence, necessary permission to do the same is accorded, in favour of the parties to the present petition. The compromise is made part of the record.

Consequently, the judgment of conviction and order of sentence, dated 17.12.2020, as referred to above, are ordered to be quashed and set aside. The petitioner is acquitted from the charge, under Section 138 of the Negotiable Instruments Act and an amount of Rs. 1,84,000/­, deposited by the petitioner before the learned trial Court, is ordered to be released in favour of complainant, Middle Singh, against proper receipt and without notice to the petitioner.

Since the matter has been compromised before this Court, as such, in view of the directions of Hon’ble Supreme Court in Criminal Appeal No. 963 of 2010, titled as, ‘Damodar S. Prabhu versus Sayed Babalal

H.’ decided on 3.5.2010, the petitioner is directed to pay a sum of Rs. 80,000/­ i.e. 10% of the cheque amount, on or before 31.3.2023 with the State Legal Services Authority, failing which his conviction and sentence will revive automatically, without any reference to this Court.

The present petition is disposed of, accordingly.

Cr. MP No. 285 of 2023

In view of the order passed in Criminal Revision Petition (supra), the present application is disposed of.

The pending application(s), if any, are also disposed of.