Sunita Verma vs Mohar Singhl

Sandeep Sharma, J

By way of instant application, prayer has been made on behalf of the applicant/petitioner for condonation of delay in filing the accompanying criminal revision petition. Mr. Dinender Panwar, learned counsel for the non-applicant/respondent states that he does not intend to file reply to the application and has no objection in case, prayer made in the application is allowed.

Averments contained in the application, which is duly supported by an affidavit, clearly reveal that delay in maintaining the accompanying appeal is neither intentional nor willful, rather same has occurred on account of circumstances, which were completely beyond the control of the applicant and as such, same deserves to be condoned.

Accordingly, for the reasons stated in the application, delay in filing the petition, which in my considered view, has sufficiently been explained, is condoned. The application stands disposed of.

Be registered.

Cr. Revision No. 393 of 2022

Instant criminal revision petition filed under Section 397 read with Section 401 of Cr.PC, lays challenge to judgment dated 5.7.2019, passed by the learned Additional Sessions Judge, Shimla, HP, in Criminal Appeal No. 44-S/10 of 2018, affirming judgment of conviction and order of sentence dated 23/31.8.2018, passed by the learned JMFC(6), Shimla, District Shimla, H.P., in Criminal Case No. 480-3 of 2015, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs. 1,43,000/- the complainant.

Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Section 138 of the Act, in the court of learned JMIC(6), Shimla, alleging therein that in the 1st week of January, 2015, on the request of the petitioner, he advanced sum of Rs. 1,30,000/- to her. Petitioner - accused with a view to discharge her liability issued a post dated cheque amounting to Rs. 1,30,000/-, drawn at PNB, The Mall, Shimla, but fact remains that aforesaid cheque on its presentation, was dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act.

Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 23/31.8.2018, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and accordingly, sentenced her as per the description given herein above.

Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the court below, accused preferred an appeal in the court of learned Additional Sessions Judge, Shimla, which also came to be dismissed vide judgment dated 5.7.2019, as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioner-accused has approached this Court by way of instant proceedings, seeking therein her acquittal after setting aside the judgments of conviction recorded by the courts below.

On 15.6.2022, learned counsel for the petitioner stated that petitioner is ready and willing to make the entire payment of compensation awarded by the learned trial court. Today during the proceedings of the case, learned counsel appearing for the petitioner states that since entire amount of compensation awarded by the court below stands deposited with the learned trial court, same may be ordered to be released in favour of the respondent - complainant and thereafter, this Court while exercising power under Section 147 of the Act, may compound the offence and acquit the accused.

Mr. Dinender Panwar, learned counsel appearing for the respondent-complainant, states that in case entire amount of compensation deposited by the petitioner before the court below is ordered to be released in favour of the complainant, he shall have no objection in accepting the prayer made by the petitioner for compounding offence.

Having taken note of the fact that entire amount of compensation stands paid or agreed to be paid to the respondent-complainant and respondent has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon’ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, wherein it has been categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below.

Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 5.7.2019 and 23/31.8.2018, passed by the courts below are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Interim order, if any, is vacated. Bail bonds, if any, discharged. Court below is directed to release the amount of compensation deposited by the accused in the instant case, in favour of the complainant by remitting the same in his saving bank account, detail whereof shall be furnished by the learned counsel for the complainant, within ten days. Since respondent-complainant was unnecessarily compelled to institute the legal proceedings against the accused that too for realization of his own money, this court deems it fit to direct the accused to pay sum of Rs. 15,000/-to the respondent as litigation cost, payable within three weeks. Ordered accordingly. It is made clear that in case, aforesaid amount of Rs. 15,000/- is not paid within the time stipulated by this court, accused besides rendering herself liable for penal consequences would also invite contempt proceedings. Accordingly, the petition is disposed of alongwith pending applications, if any.