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2018 DIGILAW 1345 (HP)

Sumita Kashyap v. Krishan Kumar (since Deceased Through Lrs)

2018-07-19

SURESHWAR THAKUR

body2018
JUDGMENT Sureshwar Thakur, J. (Oral) - The instant petition stands, directed against the judgment of the learned Additional Sessions Judge (I), Shimla, H.P. rendered in Cr. Appeal No. 28S/10 of 2015, whereby he affirmed the judgment of the learned Additional Chief Judicial Magistrate, Court No. (2), Shimla, H.P. rendered in Criminal Case No. 5673 of 2014/12, hence convicting and sentencing the petitioner/accused, for hers committing an offence punishable under section 138 of the Negotiable Instruments Act. 2. During the pendency of the instant revision petition before this Court, petitioner/convict, has, in her statement, rendered on oath, duly reduced into writing, and , signatured by her, made a disclosure that she has no objection in case a sum of Rs. 60,000/lying deposited in the Registry of this Court, is, ordered to be released in favour of the respondent No. 1 (A) Anju Bala. She has also undertaken to, on or before 24.8.2018, deposit a sum of Rs. 20,000/in the Registry of this Court, and, on its deposit, she disclosed hers holding no objection, in case the same is ordered to be released to respondent Anju Bala. 3. The respondent No.1 A (Anju Bala), has, also in her statement rendered on oath, duly reduced into writing, and, signatured by her, made a disclosure therein that in case, in consonance with the statement of the petitioner/convict, the deposited amount(s) are ordered to be released in her favour, thereupon this Court may proceed to order for the composition of the offence, constituted by dishonor of Negotiable Instrument, and, this Court may also proceed to accept the Revision Petition, and, to acquit the accused for the offences charged. She has also, in her statement, rendered on oath, stated that she has given careful thought in making the aforesaid statement . and the same is in the interest, and, benefit of her minor children also. 4. Consequently, accepting the statement(s) rendered on oath by the petitioner/convict, and, by respondent No.1 A, the offence constituted by the dishonour of Negotiable Instrument, is ordered to be compounded. In sequel, the revision petition is accepted and the impugned judgments are quashed and set-aside. The petitioner/accused stands acquitted of the charge. In consonance with the statement, rendered on oath, by the petitioner/convict, a sum of Rs. 60,000/lying deposited, in the Registry of this Court, is, ordered to be released in favour of the respondent No.1 A (Anju Bala). In sequel, the revision petition is accepted and the impugned judgments are quashed and set-aside. The petitioner/accused stands acquitted of the charge. In consonance with the statement, rendered on oath, by the petitioner/convict, a sum of Rs. 60,000/lying deposited, in the Registry of this Court, is, ordered to be released in favour of the respondent No.1 A (Anju Bala). However, the aforesaid release shall be made only upon the petitioner/convict, making compliance, with hers undertaking, qua hers depositing by 24.8.2018, in the Registry of this Court, a sum of Rs. 20,000/, deposited amount whereof shall also be released, visvis, the respondent No.1A (Anju Bala). However, given the petitioner herein belatedly concerting to seek composition of the offence constituted under section 138 of the Negotiable Instruments Act, hence necessitates, fastening/levying by this Court, upon, the petitioner/accused, a penalty quantified at 15% of the amount, comprised in the dishonoured negotiable instrument. Accordingly, this order shall take effect only on the petitioner/accused, depositing, within eight weeks from today 15% of the cheque amount before the State Legal Services Authority. 5. It is made clear that in case, compliances are not meted by the petitioner/convict, as undertaken by her, the instant criminal revision petition shall stand revived. 6. In view of the above directions, the instant petition as well as all pending application(s), if any, stand disposed of.