Shri Hira Singh vs Shri Devinder Sharma & another

Assailing the judgment dated 3.8.2016/5.8.2016, passed by learned Judicial Magistrate, 1st Class, Court No. 5, Shimla, H.P. in Complaint No.

255/3 of 2015, titled as Sh. Devinder Sharma vs. Sh. Hira Singh, as affirmed by the learned Sessions Judge, Shimla, H.P., vide judgment dated

29.5.2017, passed in Criminal Appeal No. 51-S/10 of 2016, titled as Hira Singh vs. Devinder Sharma, the convictpetitioner has filed the present

Revision Petition under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

It is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of one year

and pay compensation of `1,40,000/- to the complainant, in relation to offence punishable under Section 138 of the Negotiable Instruments Act,

1881. The judgment of conviction and sentence has been upheld by the learned Sessions Judge, Shimla.

On 13.10.2017 the matter was sent for mediation. It is heartening to note that the proceedings of mediation have fructified into positive

outcome. This could have been possible only with the intervention of the learned counsel for the parties and the efforts put in by Mr. S.C. Sharma,

learned Counsel who was requested by the Court to mediate between the parties. Efforts put in by learned counsel for the parties and more

particularly Mr. S. C. Sharma, learned Mediator are highly appreciated. Report of the learned Mediator is taken on record. Parties have amicably

resolved their dispute in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663.

Needless to add, respondent No. 1 has already received the entire amount of compensation from the petitioner and it shall be open for him to

withdraw the amount deposited by the petitioner herein before the Court below. Mr. Dewakar Dev Sharma, learned counsel for the petitioner

states that 15% of the cheque amount in terms of Damodar Prabhu (supra) shall be deposited before the H.P. State Legal Services Authority,

Shimla, H.P., within a period of four weeks from today.

As such, offence is directed to be compounded and the judgments of conviction and sentence passed by the Courts below are set aside. With

the aforesaid observations, present petition stands disposed of, so also the pending applications, if any.