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2014 DIGILAW 757 (HP)

Keshav Ram v. Mahindra & Mahindra Finance Service Ltd.

2014-06-18

SANJAY KAROL

body2014
Judgment Sanjay Karol, J. Assailing the judgment dated 27.1.2010, passed by learned Judicial Magistrate, 1st Class, Court No. III, Shimla, HP, in Cr. Complaint No. 217/3 of 2006, titled as M/s Mahindra & Mahindra Financial Services Ltd. Vs. Keshav Ram, as affirmed by the learned Sessions Judge (Forests), Shimla, HP, vide judgment dated 1.1.2014, passed in Cr. Appeal No. 87-S/10 of 2013/10, titled as Keshav Ram vs. M/s Mahindra & Mahindra Finance Services Ltd., petitioner has filed the present Revision Petition under the provisions of Section 397 read with Section 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.2,00,000/- (rupees two lacs only) to the complainant, in relation to offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The judgment of conviction and sentence has been upheld by the learned Sessions Judge (Forests), Shimla. 3. Learned counsel for the petitioner submits that in terms of the judgments passed by the Courts below a sum of Rs.2 lacs already stands deposed by the petitioner before the trial Court. He submits that the respondent/complainant is at liberty to withdraw the same. He further prays that the matter be compounded, in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663 . Petitioner, through his counsel undertakes to deposit 15% of Rs.1,62,610/-, being the cheque amount, in the Registry of this Court within a period of three weeks from today, which shall be remitted to the Himachal Pradesh State Legal Services Authority, Shimla, H.P. 4. 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. The amount deposited shall be released in favour of the respondent-Company. 5. 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 petition stands disposed of, so also the pending applications, if any.