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2015 DIGILAW 1418 (HP)

Dhani Ram v. State of H. P.

2015-10-06

SURESHWAR THAKUR

body2015
JUDGMENT : Sureshwar Thakur, J (Oral) The instant petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure against the judgment of conviction of the learned Additional Sessions Judge, Ghurmarwin, District Bialspur, Himachal Pradesh rendered on 9.12.2013 in Cr. Appeal No. 60-10 of 2012 whereby the latter affirmed the conviction of the accused/petitioner recorded by the learned trial Court for his having committed an offence punishable under Section 138 of the Negotiable Instrument Act besides, affirmed the imposition by the learned trial Court upon the petitioner/accused sentence of imprisonment for a term of one month besides of his being liable to pay compensation of Rs. 90,000/-. During the pendency of the instant petition before this Court the learned counsel appearing for the accused/petitioner herein submits that the entire amount comprised in the dishonoured negotiable instrument stands defrayed to the respondent No. 2/complainant. Hence, he prays before this Court that given the defrayment by the petitioner/accused to the complainant/respondent No. 2 herein of the entire amount comprised in the dishonoured negotiable instrument, hence the offence committed by the accused/petitioner herein arising from the dishonour of negotiable instrument issued by the petitioner/accused to the respondent No. 2/complainant be ordered to be compounded. The learned counsel appearing for the respondent No. 2/complainant has in his statement recorded on otah, duly reduced into writing and signatured by him has communicated therein that the disclosure made before this Court by the accused/petitioner is not bereft of veracity. The learned counsel appearing for the respondent/complainant in his statement recorded on oath, duly reduced into writing and signatured by him has therein portrayed that he has instructions from the respondent/complainant to communicate to this Court that the compensation amount as assessed in favour of the respondent No. 2/complainant by both the learned Courts below be waived. Therefore, given the fact as emanable from the statement of the learned counsel appearing for the respondent No. 2/complainant recorded on oath, duly reduced into writing and signatured by him, of the entire amount comprised in the dishonoured negotiable instrument having stood defrayed to the respondent/complainant by the petitioner/accused, hence constrains this Court to order that the offence arising from the dishonour of negotiable instrument be compounded. Consequently, the offence arising from the dishonour of negotiable instrument is ordered to be compounded. As such, the revision petition is accepted. Consequently, the offence arising from the dishonour of negotiable instrument is ordered to be compounded. As such, the revision petition is accepted. The judgments impugned before this Court are quashed and set aside. The accused is acquitted of the charge framed against him. However, the aforesaid order shall take effect only on the petitioner/accused depositing during the course of the day today 15% of the cheque amount before the State Legal Services Authority. On receipt portraying the deposit of 15% of the cheque amount before the State Legal Services Authority by the petitioner/accused being produced before the Registry of this Court by the learned counsel appearing for the accused/petitioner herein, the Registry of this Court shall prepare warrants for the forthwith release of the petitioner/accused from judicial custody.