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Himachal Pradesh High Court · body

2016 DIGILAW 1079 (HP)

Yashpal Ranta v. State of H. P.

2016-06-17

P.S.RANA

body2016
ORDER : P.S. Rana, J. Learned Advocate appearing on behalf of parties submitted before Court that full and final settlement executed inter se parties and compromised order be passed in present case. Separate statements of parties recorded and placed on record. Court is satisfied that lawful compromise executed inter se parties. Permission to compound case filed under Section 138 of Negotiable Instrument Act 1881 granted in the ends of justice. In view of compromise executed inter se parties it is ordered that sentence of imprisonment passed by learned Trial Court and affirmed by learned first Appellate Court for period of one year against accused is set aside and compensation amount of Rs. 510000/- (Rupees five lac ten thousand) is reduced to Rs.504000/- (Rupees five lace four thousand). Accused has paid an amount of Rs. 379000/- (Rupees three lac seventy nine thousand) by way of cash in Court to Shri Shiv Singh and accused has deposited an amount of Rs.125000/- (Rupees one lac twenty five thousand) before learned Judicial Magistrate Court No.II Rohru. Complainant Shri Shiv Singh will be legally entitled to withdraw the deposited amount of Rs.125000/- (Rupees one lac twenty five thousand). Full and final settlement of Rs.504000/- (Rupees five lac four thousand) will be deemed to be full and final consolidated settlement in criminal case No. 7-3 of 2010/08 title Shri Shiv Singh vs. Shri Yash Pal Ranta decided on 4.7.2011 and in civil suit No. 11-1 of 2010 title Shri Shiv Singh vs. Shri Yash Pal Ranta decided on 23.5.2012. Statements of parties recorded and placed on record will form part and parcel of order. Compounding fee will be deposited in learned Trial Court by accused within three months in accordance with law. Sentence part and compensation part passed by learned Trial Court and affirmed by learned Appellate Court against accused modified accordingly. Files of learned Trial Court and learned first Appellate Court be sent back forthwith along with certified copy of order. Cr. Revision No. 401 of 2014 is disposed of. All pending miscellaneous application(s) if any also stands disposed of.