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2013 DIGILAW 383 (HP)

KIRPA RAM v. H. P. STATE CO-OPERATIVE BANK

2013-05-06

SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, J. - 1. ASSAILING the judgment dated 11.9.2009, passed by learned Sub Divisional Judicial Magistrate, Chachiot at Gohar, District Mandi, Himachal Pradesh, in Complaint No.332- I/2008/34-III/2009, titled as The H.P. State Co-operative Bank Vs. Kirpa Ram, as affirmed by the learned Sessions Judge, Mandi District Mandi, H.P., vide judgment dated 21.11.2011, passed in Criminal Appeal No.75 of 2009, titled as Sh. Kirpa Ram versus The H.P. State Co-operative Bank, the accused- petitioner has filed the present Revision Petition under the provisions of Section 397(1) read with Section 482 of the Code of the Code of Criminal Procedure, 1973. 2. PETITIONER (Kirpa Ram) issued a cheque in favour of respondent-H.P. State Co-operative Bank amounting to Rs.3,25,000/-. The same, upon presentation was returned back with reasons "insufficient funds". Notice was issued to the petitioner. As such, respondent-bank filed a complaint under the provisions of Section 138 of the Negotiable Instruments Act, 1988. It is seen that the trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of six months and pay compensation of Rs.300,000/- to the petitioner in relation to offence punishable under Section 138 of the Negotiable Instruments Act. In default of payment of compensation, the convict was to further undergo simple imprisonment for a period of three months. The judgment of conviction and sentence has been upheld by the learned Sessions Judge, Mandi, District Mandi, H.P. 3. PARTIES have amicably resolved their dispute, in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu versus Sayed Babalal H. (2010) 5 SCC 663 . Learned counsel for the parties have jointly requested that the offence be compounded. 4. ENTIRE amount, in terms of the judgment dated 11.9.2009 passed by learned Sub Divisional Judicial Magistrate, Chachiot at Gohar, District Mandi stands deposited by the present petitioner before the trial Court. 15% of the cheque amount also stands deposited in the Registry of this Court. Accordingly, as prayed for by learned counsel for the parties, the offence is compounded and the judgments of conviction and sentence passed by the Courts below are set aside. Registry is directed to remit 15% of the cheque amount to the H.P. Legal Services Authority at the earliest. It shall be open for the respondent to withdraw the amount deposited before the trial Court. Registry is directed to remit 15% of the cheque amount to the H.P. Legal Services Authority at the earliest. It shall be open for the respondent to withdraw the amount deposited before the trial Court. With the aforesaid observations, present Revision Petition stands disposed of, so also the pending application, if any.