Research › Search › Judgment

Himachal Pradesh High Court · body

2018 DIGILAW 214 (HP)

Yadvinder Singh v. Dinesh Sood

2018-02-26

SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J —It is heartening to note that with the intervention of Mr. G.D. Verma, learned Senior Advocate, a trained Mediator of this Court, parties through the process of mediation, have amicably resolved their dispute. Efforts put in by the learned Mediator are highly appreciable. 2. Yadvinder Singh (petitioner) present in Court. 3. Assailing the judgment dated 23.8.2014, passed by Special Judicial Magistrate, Kullu, H.P., in Criminal Complaint No.87-1/2012/1709-1/2013, titled as Shri Dinesh Sood vs. Shri Yadvinder Kapoor, as affirmed by the learned Additional Sessions Judge, Kullu, H.P., vide judgment dated 7.9.2015, passed in Criminal Appeal No. 106 of 2014, titled as Yadvinder Singh vs. Dinesh Sood, the petitioner has filed the present Revision Petition under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973. 4. It is seen that the trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of one year, in relation to offence punishable under Section 138 of the Negotiable Instruments Act and pay compensation of Rs.2, 75, 000/- to the complainant, in relation to offence punishable under Section 357(3) of the Negotiable Instruments Act. The judgment of conviction has been upheld by the learned Additional Sessions Judge, Kullu, H.P. 5. Dispute in question stands amicably resolved between the parties, in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu Versus Sayed Babalal H. , (2010) 5 SCC 663 . 6. Needless to add, the entire claim of the respondent stands satisfied and the respondent has received the entire amount of compensation. Petitioner, through his learned counsel undertakes to deposit 15% of the cheque amount with the Himachal Pradesh State Legal Services Authority, Shimla, within a period of two months, for which purpose the matter be listed before Additional Registrar (Judicial) , on 7.5.2018. Compliance affidavit thereof, be also positively filed within the aforesaid period. 7. Petitioner''s undertaking is accepted and accordingly offence is directed to be compounded and the judgments of conviction and sentence passed by the Courts below are set aside. 8. Compliance affidavit thereof, be also positively filed within the aforesaid period. 7. Petitioner''s undertaking is accepted and accordingly offence is directed to be compounded and the judgments of conviction and sentence passed by the Courts below are set aside. 8. 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. 9. In view of the aforesaid, proceedings initiated in consequence of the passing of the judgment of conviction shall be deemed to have been dropped. Petitioner to take appropriate steps of informing the Courts/authorities of such fact. With the aforesaid observations, present petition stands disposed of, so also the pending applications, if any.