Ramesh Hetta vs Pritam Singh

Jyotsna Rewal Dua, J

Cr.MP(M) No.1329 of 2023

For the reasons stated in the application, the application is allowed. The delay in filing the revision petition is condoned.

Criminal revision be registered.

Cr. Revision No.290 of 2023.

The petitioner was convicted by the learned Additional Chief Judicial Magistrate Theog, District Shimla, Shimla, H.P. on 25.05.2022 for having committed the offence punishable under Section 138 of Negotiable Instruments Act (the Act in short) and sentenced to undergo simple imprisonment for a period of three months and to pay compensation of Rs.2,40,000/- to the respondent-complainant. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge (Forest), Shimla, H.P. vide judgment dated 04.01.2023. 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 . Learned counsel further submitted that the remaining amount of Rs.2,00,000/- has already been paid to the respondent-complainant. Learned counsel also submitted that the petitioner has no objection, in case, the amount deposited by the petitioner before the learned Trial Court is ordered to be released in favour of the respondent-complainant and accordingly, prays for compounding the offence and setting aside the judgments and order of sentence in question.

Learned counsel for the respondent-complainant has not denied the above position and submitted that Rs.2,00,000/- in cash has already been received by the respondent-complainant from the petitioner. Learned counsel prayed that Rs.40,000/- deposited by the petitioner before the learned Trial Court , be released in favour of the respondent-complainant. Learned counsel further submitted that the respondent has no objection, rather, he is praying for compounding the offence, for which the petitioner has been convicted by the learned Courts below in the instant case.

In their separate statements recorded today, the father of the petitioner (petitioner is presently in custody) and the respondent-complainant have reiterated their having settled the matter & prayed for composition of the offence.

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 Additional Chief Judicial Magistrate Theog District Shimla, in its judgment dated 24.05.2022, passed in Crl. Case No. 95/3 of 2016 and affirmed by learned Sessions Judge (Forests), Shimla, H.P. vide judgment dated 04.01.2023 passed in Criminal Appeal No. 23-S/10 of 2022, is ordered to be compounded. The judgment and sentence order dated 24.05.2022 passed by Additional Chief Judicial Magistrate Theog, District Shimla, as affirmed by learned Sessions Judge (Forests) Shimla, H.P. vide judgment dated 01.04.2023, are set aside. Petitioner is acquitted of all the charges. This order is subject to the condition that the petitioner will deposit 10% of the cheque amount with the Himachal Pradesh State Legal Services Authority, within a period of four weeks from today. Respondent is at liberty to withdraw the amount of Rs.40,000/- deposited by the petitioner before the learned Trial Court by making appropriate application.

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

List for compliance on 03.07.2023.