Tek Ram vs Rama Nand

Sureshwar Thakur, J

Heard.

The learned counsel appearing for the parties have respectively recorded the hereinafter extracted statements before this Court:-

"Statement of Mr. R.S. Chandel, Advocate for the petitioner.

Without oath

27.09.2021.

Stated that I have received instructions from the petitioner to state that the entire liability arising from the dishonour of the outstanding amount stands

liquidated by the petitioner to the respondent/complainant. I have further instructions from the petitioner to state that the petitioner has no objection, in case, the amount of Rs.2,50,000/- lying deposited in the Registry of this Court is released to the respondent/complainant. I prayed that an order qua compounding of the offence arising from the dishonour of negotiable instrument be passed by this Court and the petitioner be acquitted from the afore offence.

Statement of Mr. Kanwar Bhupinder Singh, Advocate for the respondent/ complainant.

Without oath

27.09.2021.

Stated that I have heard the statement of learned counsel appearing for the petitioner. Further Stated that I have instructions from the respondent/complainant to state that in case the amount of Rs.2,50,000/- lying deposited in the Registry of this Court is ordered to be released, vis-a-vis, the respondent/complainant, he has no objection, if the prayer made by the learned counsel for the petitioner is accepted, and, the accused/petitioner is acquitted from the charged offence."

In pursuance to the afore respectively recorded statements of the learned counsel respectively appearing for the petitioner/accused, and, for the respondent/complainant, statements whereof shall form part and parcel of this order, this Court is constrained to order for the compounding of the offence arising from the dishonour of negotiable instrument. Accordingly, the offence arising from the dishonour of negotiable instrument is ordered to be compounded. In sequel, the revision petition is accepted. The judgments impugned before this Court are quashed and set aside. The accused/petitioner is acquitted of the charge framed against him. Though, this Court would be constrained to direct the petitioner to deposit 15% of the cheque amount before the State Legal Services Authority concerned. However, accepting the prayer made at the Bar by the learned counsel appearing for the petitioner that the petitioner is set with indigent circumstances, thereupon, the petitioner is directed to within six weeks from today, deposit 6% of the cheque amount before the State Legal Services Authority. However, it is clarified that the aforesaid order shall take effect only on the petitioner/accused depositing the afore per centum of cheque amount, within the afore period before the State Legal Services Authority. Furthermore, the amount lying deposited in the Registry of this Court is, subject to condition (supra), ordered to be forthwith released to the complainant/respondent. All pending applications also stand disposed of.

Dasti copy.