Surender Kumar vs Anil Kumar

Ajay Mohan Goel, J

Cr.MP No.2074 of 2021

This application is disposed of with the direction that the compounding fee be paid by the petitioner is determined at the rate of 5% of the cheque amount as would be reflected in the judgment which is being passed in the main petition today itself.

Criminal Revision No.104 of 2021

By way of this revision petition, the petitioner has challenged judgment, dated 05.07.2019, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., in Criminal Case No.144/3 of 2017, titled as Anil Kumar Versus Surender Kumar, which criminal case stood disposed of by the learned Trial Court by sentencing the present petitioner to undergo simple imprisonment for a period of one year and also to pay Rs.3,30,000/- as compensation to the complainant, as well as judgment dated 28.12.2020, passed by the Court of learned Sessions Judge (Forests), Shimla, H.P., in Criminal Appeal No.18-R/10 of 2019, titled as Sh. Surender Kumar Versus Sh. Anil kumar, vide which the judgment passed by learned Trial Court was upheld by the learned Appellate Court and the appeal filed by the present petitioner against the judgment passed by learned Trial Court was dismissed.

The Court stands informed by way of Cr.MP No.2074 of 2021 that during the pendency of the revision petition, the matter has been amicably settled between the petitioner and the respondent and the entire due amount stands paid by the petitioner to the respondent. This fact is not disputed by learned counsel appearing for the respondent.

Learned counsel for the petitioner submits in view of said development, it will be in the interest in case this Court exercises its power of compounding the offence in terms of the judgment of Hon'ble Supreme Court of India in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 Supreme Court Cases 663. He further submits that as the petitioner has made good the amount due to the respondent, it will be in the interest of justice, in case in terms of para 25 of the judgment of Hon'ble Supreme Court of India (supra), the compounding fee of 10% of the cheque amount is modified taking into consideration the peculiar facts of the case and the financial condition of the petitioner. He assures the Court that in case the offence is compounded by this Court, then the compounding fee shall be paid by the petitioner within the time so granted by the Court.

Having heard learned counsel for the petitioner and taking into consideration the fact that the matter which led to filing of the criminal case under Section 138 of the Negotiable Instruments Act, now stands settled between the parties, this Court orders the compounding of the offence in question, subject to the payment of 5% of the cheque amount as compounding fee by the petitioner, which shall be deposited by the petitioner with State Legal Services Authority, Shimla within a period of eight weeks from today. Sentence passed by learned Courts below stands quashed and set aside. Let a compliance affidavit in this regard be thereafter filed by the petitioner with the Registrar (Judicial).

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.