Research › Search › Judgment

Himachal Pradesh High Court · body

2019 DIGILAW 107 (HP)

Joginder Kanwar v. Kay Kay Trading Company

2019-01-08

SURESHWAR THAKUR

body2019
JUDGMENT Sureshwar Thakur, J. - The instant petition stands instituted at the instance of the petitioner herein under Section 397 read with Section 401 of the Code of Criminal Procedure and is directed against the judgment of conviction recorded by the learned Additional Sessions Judge (I), Shimla, in cr. Appeal No.80- S/10 of 2012, whereby he affirmed the conviction recorded by the learned Judicial Magistrate, 1st Class, Court No. 3, Shimla, District Shimla, H.P. in criminal case No.420-3 of 2011, upon the accused/petitioner, for his committing an offence punishable under Section 138 of the Negotiable Instruments Act besides affirmed the imposition upon the petitioner/accused by the learned trial Court, of sentence of imprisonment, for a period of six months, besides his being liable to pay compensation comprised in a sum of Rs. 1,25,000/- 2. During the pendency of the instant revision petition before this Court, the learned counsel appearing for the contesting parties, have hereat made a joint prayer qua this Court proceeding to record an order for compounding the offence constituted by the dishonour of negotiable instrument issued by the petitioner/accused vis--vis the respondent-complainant. 3. The learned counsel for the respondent/complainant, has, in his signatured statement, rendered without oath, made a disclosure therein, of the entire liabilities arising out of dishonour of negotiable instrument standing liquidated vis--vis the respondent/complainant, by the petitioner/accused. Further more, he makes a prayer in his signatured statement, of this Court, hence, proceeding to record an order for compounding the offence arising out of dishonour of negotiable instrument. The aforesaid statement rendered by the learned counsel for the respondent, is accepted, by the petitioner/convict. 4. Cumulatively, this Court is constrained, to order for composition of the offence arising from dishonour of negotiable instrument. In sequel, the revision petition is accepted. The judgments impugned before this Court are quashed and set aside. The accused/petitioner is acquitted of the charge framed against him. The aforesaid order shall take effect, upon, the petitioner/accused, depositing, within two months from today, 15% of the cheque amount, before the State Legal Services Authority. All pending application(s), if any, are also disposed of. Copy dasti.