Vinay Kumar vs Sh. Mohammad Mobin

Kuldip Singh, Judge

The petitioner was convicted and sentenced by the trial Court for offence punishable u/s 138 of the Negotiable Instruments Act, 1881 (for short ''Act''). The conviction and sentence dated 27/29.9.2010 of the petitioner passed by Judicial Magistrate 1st Class, Court No. 3, Shimla in Case No. 3122-3 of 10/09 has been upheld by the Additional Sessions Judge, Fast Track Court, Shimla on 20.7.2011 in Cr. Appeal No. 49-S/10 of 2010.

The learned counsel for the parties has stated that the parties have filed joint application for compounding the offence u/s 138 of the Act. It has been stated that the application has been signed by both the parties and their counsel. The learned counsel for the petitioner has stated that the petitioner has also deposited Rs. 5250/- 15% of the cheque amount of Rs. 35,000/-.

The learned counsel for respondent No.1 has stated that respondent No.1 has no objection in case the matter is compounded and conviction and sentence of the petitioner imposed by the trial Court and upheld by the lower Appellate Court is set-aside.

I have gone through the application which is supported by an affidavit of the petitioner. The parties have settled the dispute, therefore, in the interest of justice the matter is allowed to be compounded. The conviction and sentence of the petitioner imposed by the trial Court on 27/29.9.2010 and upheld by the lower Appellate Court on 20.7.2011 are set-aside and the petitioner is acquitted of the accusation. The amount of Rs. 35,000/- lying in deposit in the trial Court in pursuance of the judgment dated 27/29.9.2010, be released in favour of respondent No.1. The amount of Rs. 5250/- deposited by the petitioner shall be remitted in the H.P. High Court Legal Services Committee account in terms of Damodar S. Prabhu Vs. Sayed Babalal H., . The petition stands disposed of so also the pending application(s) if any.