Sandeep Singh Negi vs Ramesh Rawat

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Umesh Chandra Dhyani, J.—Accused-revisionist Sandeep Singh Negi was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and was directed to undergo simple imprisonment for six months along with a fine of Rs. 5000/-. The accused-revisionist was also directed to make good the loss to the complainant. In other words, he was directed to pay the compensation worth cheque-amount to the complainant under Section 357 Cr.P.C. Aggrieved against such order dated 04.10.2010, a Criminal Appeal was preferred before the learned Lower Appellate Court, which appeal was dismissed vide order dated 07.12.2012. Still aggrieved against the same, the convict has preferred the present Criminal Revision. A compounding application is filed by the parties to indicate that they have settled their disputes amicably. The compounding application is supported by the affidavit of convict Sandeep Singh Negi as also the affidavit of complainant Ramesh Rawat. Both Ramesh Rawat (respondent) as well as Sandeep Singh Negi (revisionist), are present in person, duly-identified by their counsels Mr. N.S. Soun and Mr. Kishor Kumar, Advocates. Ramesh Rawat says that he has been appropriately compensated by the accused revisionist and therefore, permission may be granted to him to compound the offences, proved against the revisionist.

Sections 147 of the Negotiable Instruments Act, 1881, says that notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under this Act shall be compoundable.

The complainant, says that now he is in receipt of the cheque amount i.e. Rs. 42,285/-. The accused revisionist also says that he is ready to deposit the amount in the account of Uttarakhand State Legal Services Authority, as per the dictum of Hon''ble Supreme Court in Damodar S. Prabhu Vs. Sayed Babalal H., . Subject to deposition of the amount with the Uttarakhand State Legal Services Authority, the application moved on behalf of the parties for compounding is allowed. As a consequence thereof, the Criminal Revision is allowed. Conviction and sentence awarded to the convict revisionist is set aside. Convict: revisionist is permitted to withdraw Rs. 5000/-, if he has deposited the same in the Trial Court.