Rohit Sharma vs Dharampal

Virender Singh, J

Matters taken up again.

Both these petitions are being disposed of by this common judgment, as the dispute is between the same parties regarding two different cheques.

The statement of the complainant has been recorded, in which, he has deposed in unequivocal terms, that he had filed two complaints, under Section 138 of the Negotiable Instruments Act. Those complaints were registered against the accused vide registration No. 98/2 of 2019 and 99/2 of 2019, which resulted into the judgment(s) of conviction and order(s) of sentence dated 15.10.2022 passed by learned Additional Chief Judicial Magistrate, Court No.1, Una, H.P. (hereinafter referred to as “the learned trial Court”).

Against the said judgment(s) of conviction and order(s) of sentence, the petitioner-accused had assailed the same before learned Sessions Judge, Una (hereinafter referred to as “the First Appellate Court”) by filing the appeals bearing Nos. 121/2022 and 122/2022, and the appeals have been dismissed vide judgments dated 15.02.2023.

Against the said judgments, revision petitions have been filed. During the pendency of the revision petitions, the accused, who is stated to be in judicial custody, has moved an application for compounding the offence through his father-in-law.

During the pendency of the revision petitions before this Court, the matter has been compromised. The compromise is stated to have been effected between the parties through father-in-law of the accused, as he is presently in judicial custody.

The statement of the complainant has been recorded, in which, he has deposed, in unequivocal terms that he has compromised the matter and in pursuance of the compromise, he has received a sum Rs.1,90,000/- on account of both the cheques from the accused and also deposed that an amount of Rs.1,40,000/- deposited by the accused before the trial Court in both cases may kindly be released in his favour.

The complainant has duly been identified by Mr. Sandeep Kumar Pandey, Advocate.

Since the accused is in judicial custody, as such, learned counsel representing the accused, under instructions, has deposed that the matter has been compromised and in pursuance of the compromise, which has been effected between the complainant and the accused, through father-in-law of the accused, a sum of Rs.1,90,000/- has been paid to the complainant in presence of the witnesses and applicant-accused has already deposited a sum of Rs.1,40,000/- with the trial Court, in the above mentioned cases, in which, he has been convicted and sentenced. The accused has no objection, if the amount, so deposited, by him be released in favour of the complainant.

In view of the statements of the parties to the present revision petitions, the requisite permission to compound the offence is accordingly granted to the parties.

Consequently, the matter is ordered to be compounded between the parties, resulting into setting aside the judgments of conviction and order(s) of sentence dated 15.10.2022, passed by the learned trial Court, in complainants No. 98/2 of 2019 and 99/2 of 2019 and upheld by the learned First Appellate Court, in Criminal Appeals No. 121/2022 and 122/2022 vide judgment dated 15.02.2023. However, this permission has been accorded subject to payment of 15% of the each cheque amount, as per statement made by learned counsel appearing for the accused.

15% of the cheque amount be deposited with State Legal Services Authority within a period of one month from today, failing which, revision petition(s) filed by the petitioner-accused shall be deemed to have been dismissed.

Accused is directed to surrender before learned trial Court to undergo substantive sentence imposed by the Court below, in case, he fails to deposit 15% of compounding amount of cheque.

Accused, who is stated to be in judicial custody at District Jail, Bangarh, District Una is ordered to be released forthwith, in both the cases, i.e. Complaint cases No. 98/2 of 2019 and 99/2 of 2019, titled as Dharampal vs. Rohit Sharma, if not required in any other case. Release warrants be prepared accordingly and sent through e-mail of the District Jail concerned by the Registry.

Applicant may produce a downloaded copy of the order, passed by the Court, before the learned Court below, and the said Court shall not insist for the certified copy of order, rather, passing of order can be verified from the web-page of this Court.