Research › Search › Judgment

Himachal Pradesh High Court · body

2018 DIGILAW 811 (HP)

Tarun Dogra v. Himanshu Sharma

2018-05-04

SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J —Assailing the judgment dated 25.7.2014, passed by Additional Chief Judicial Magistrate, Court No.(2) , Shimla, H.P., in Case No.2131-3 of 2014/12, titled as Sh. Himanshu Sharma vs. Sh. Tarun Dogra, as affirmed by the learned Additional Sessions Judge-(1) , Shimla, H.P., in Cr. Appeal No.76-S/10 of 2014, titled as Tarun Dogra vs. Himanshu Sharma, the accused-petitioner has filed the present Revision Petition under the provisions of Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973. 2. It is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of six months and pay compensation of Rs. 40, 000/- to the complainant, in relation to offence punishable under Section 138 of the Negotiable Instruments Act. The judgment of conviction and sentence has been upheld/affirmed subject to mild modification that the compensation amount stood reduced from Rs. 40, 000/- to Rs. 25, 000/- by the learned Additional Sessions Judge-(1) , Shimla, H.P. 3. Parties have amicably resolved their dispute, 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 . 4. Learned counsel for the petitioner states that the entire amount, in terms of the judgment dated 25.7.2014, passed by Additional Chief Judicial Magistrate, Court No.(2) , Shimla, H.P., in Case No.2131-3 of 2014/12, titled as Sh. Himanshu Sharma vs. Sh. Tarun Dogra, stands deposited by the present petitioner before different fora. It shall be open for the respondent to withdraw the same. He further states that 15% of the cheque amount has already been deposited before the H.P. Legal Services Authority, Shimla. 5. Today, an amount of Rs. 5,000/- stands handed over to Mr. Rajiv Sharma, learned counsel who is appearing vice to Kr. Virender Singh, learned Advocate towards litigation charges. 6. Accordingly the offence is compounded and the judgments of conviction and sentence passed by the Courts below are set aside. With the aforesaid observations, present Revision Petition stands disposed of, so also the pending application, if any.