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2013 DIGILAW 388 (HP)

BUDHE RAM v. INDER SINGH

2013-05-06

SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, JUDGE 1. ASSAILING the judgment dated 7.6.2008/26.6.2008, passed by learned Chief Judicial Magistrate, Mandi, in Complaint No.216-II/2004, titled as Inder Singh versus Budhe Ram, as affirmed by the learned Sessions Judge, Mandi, vide judgment dated 16.10.2012, passed in Criminal Appeal No.26 of 2008, titled as Budhe Ram versus Inder Singh, the accused- petitioner has filed the present Revision Petition under the provisions of Section 397/401 of the Code of Criminal Procedure, 1973. 2. 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.2,31,000/- to the petitioner, in relation to offence punishable under Section 138 of the Negotiable Instruments Act. The judgment of conviction and sentence has been upheld by the learned Sessions Judge, Mandi. Respondent Shri Inder Singh is present in person and states that he has no objection in case the offence is compounded, 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 . 3. UNDER instructions, Mr. H.S. Rangra, learned counsel for the petitioner, submits that the amount of cheque, i.e. Rs.2,31,000/-, in terms of the judgment dated 7.6.2008, passed by learned Chief Judicial Magistrate, Mandi, in Complaint No.216-II/2004, titled as Inder Singh versus Budhe Ram, stands deposited by the present petitioner before the trial Court. Petitioner, through his counsel, also undertakes to deposit 15% of the cheque amount in the Registry of this Court within a period of six weeks. 4. THE fact that a cheque for a sum of Rs.2,31,000/- stands paid by petitioner Shri Budhe Ram to respondent Shri Inder Singh, for a valid consideration, is not in dispute. The Cheque is Ex. CW-1/B. This was for a valid consideration, in terms of agreement Ex. CW-1/A entered into between the parties. Respondent Shri Inder Singh issued legal notice to the petitioner, after the cheque was returned back un-cleared upon presentation. Petitioner's undertaking is accepted and accordingly the offence is compounded and the judgments of conviction and sentence passed by the Courts below are set aside. Bail bonds furnished by the petitioner are discharged. 5. PETITIONER Shri Budhe Ram shall deposit 15% of the cheque amount in this Court. Petitioner's undertaking is accepted and accordingly the offence is compounded and the judgments of conviction and sentence passed by the Courts below are set aside. Bail bonds furnished by the petitioner are discharged. 5. PETITIONER Shri Budhe Ram shall deposit 15% of the cheque amount in this Court. Learned Chief Judicial Magistrate, Mandi, is directed to deduct 15% from the amount of cheque, i.e. Rs.2,31,000/- already deposited and remit the same to the H.P. Legal Services Authority. Respondent Shri Inder Singh is permitted to withdraw the remaining amount of the cheque and also 15% of the amount of cheque which will be deposited by the petitioner in this Court. 6. IT is clarified that in the event of non fulfillment of the solemn undertaking furnished by the petitioner to this Court, not only the judgments of conviction and sentence would automatically revive but also proceedings for violation of the undertaking, under the provisions of the Contempt of Courts Act as also the Constitution of India, shall be initiated against him. With the aforesaid observations, present Revision Petition stands disposed of, so also the pending application, if any.