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2015 DIGILAW 1419 (HP)

Jagdish Kumar v. Pradeep Kumar Rajta

2015-10-06

SURESHWAR THAKUR

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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-II, Shimla, Himachal Pradesh rendered on 2.6.2014 in Cr. Appeal No. RBT-S/10 of 2013, 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 two months besides of his being liable to pay compensation of Rs. 1,05,000/-. During the pendency of the instant petition before this Court the learned counsel appearing for the accused/petitioner herein submits that a sum of Rs. 1,05,000/- including the amount comprised in the dishonoured negotiable instrument stands defrayed to the respondent No. 1/complainant today in Court. Hence, he prays before this Court that given the defrayment by the petitioner/accused to the complainant/respondent No. 1 herein, a sum of Rs. 1,05,000/- including the 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. 1/complainant, be ordered to be compounded. The respondent No. 1/complainant has in his statement recorded on oath, 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 respondent No. 1/complainant in his statement recorded on oath, duly reduced into writing and signatured by him has disclosed therein that a sum of Rs. 1,05,000/- has been received by him in cash from the petitioner/accused today in Court. Therefore, given the fact as emanable from the statement of the respondent No. 1/complainant recorded on oath, duly reduced into writing and signatured by him, of a sum of Rs. 1,05,000/- including the amount comprised in the dishonoured negotiable instrument having stood defrayed to him 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. The judgments impugned before this Court are quashed and set aside. 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 within 20 days from today 15% of the cheque amount before the State Legal Services Authority. All the pending applications also stand disposed of. 2. Copy dasti.