Vimal Kumar vs Deepak Jamwal

Vivek Singh Thakur J

Present Revision Petition has been filed assailing judgment, dated 18.9.2019, passed by learned Sessions Judge-III, Kangra at Dharamshala, camp at Baijnath in Criminal Appeal No. 3-B/X/2018, whereby judgment/order dated 18.11.2017, passed by learned Judicial Magistrate, 1st Class, Baijnath, District Kangra, H.P., in Cr. Case No. 65- III of 2017, convicting and sentencing the petitioner-accused under Section 138 of Negotiable Instruments Act to undergo simple imprisonment for one year and to pay compensation of Rs.1,00,000/- to the complainant, has been affirmed.

Respondent/complainant, is present in person in the Court today, in his statement, recorded on oath, he has stated that petitioner Vimal Kumar has been convicted by both the Courts below to undergo simple imprisonment of 1 year along with fine of Rs.1,00,000/- under Section 138 of the Negotiable Instruments Act and now matter has been amicably settled with Vimal Kumar and he has paid the entire amount payable to him in terms of compromise and he, in turn has agreed to withdraw the complaint for compounding. He has further stated that he has deposed out of his free will, consent and without any fear, threat, coercion or pressure.

Petitioner/accused is present in the Court today and his statement has also been recorded on oath, wherein he has endorsed the amicable settlement and has deposed that these days his financial condition is not good and that he has arranged money for payment to complainant Deepak Jamwal from his family members and other relatives like brother, father and cousin. He has further stated that in this case he remained in jail for 42 days. Therefore, a prayer for exempting him from payment of compounding fee, payable to H.P. State Legal Services Authority, has been made. He has also stated that his deposition in the Court is out of his free will, consent and without any external pressure, coercion or threat of any kind.

Consequently, respondent/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonor of cheque, under Section 138 of the Negotiable Instruments Act, is treated to be withdrawn and judgments of conviction and sentence passed by the Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed against him.

Learned counsel for the petitioner has submitted that petitioner is facing financial constraint and has also remained in jail for 42 days. Therefore, he has further submitted that considering ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663 as clarified in Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and another 2014 (10) SCC 690, compounding fee may be exempted or a lessor amount may be imposed.

Considering the entire facts and circumstances of the case, petitioner/accused is exempted from payment of compounding fee.

Petition stands disposed of, in the aforesaid terms, so also the pending application(s).