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2019 DIGILAW 1427 (HP)

RAJEEV KUMAR v. GUPT RAM

2019-09-20

VIVEK SINGH THAKUR

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JUDGMENT : Vivek Singh Thakur, J. 1. Present Revision Petition has been filed assailing judgment dated 3.1.2019, passed by learned Sessions Judge Kullu, H.P. in Cr. Appeal No. 11 of 2018, whereby judgment and order dated 31.3.2018/2.4.2018 passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, in Criminal Complaint No. 000016/2016//2- III/2017, under Section 138 of Negotiable Instruments Act, convicting and sentencing the petitioner-accused to undergo simple imprisonment for six months and to pay compensation of Rs.2,10,000/- to the complainant, has been affirmed. 2. Respondent No. 1/complainant, who was present in person in the Court on 10.9.2019, in his statement recorded on oath, had stated that in case of deposit of entire amount of compensation by the accused/petitioner in the Court or making payment thereof to him, he would not be interested in continuing the criminal proceedings, rather, he would be agreed for compounding the case and for that purpose, he would be praying for permitting him to withdraw the complaint, subject to release of amount in his favour by remitting the same in his Bank Account No. 385000100040266, Punjab National Bank, Jagatsukh. He had further stated that he had deposed out of his free will and consent and without any fear, threat, coercion or pressure. 3. Petitioner/Accused is present in the Court today and his statement has been recorded on oath, wherein he has endorsed the amicable settlement and has deposed that he has deposited the entire compensation amount in the trial Court i.e. Court of Judicial Magistrate 1st Class, Manali and the matter has been amicably settled with the respondent/complainant, who has agreed for compounding the case, subject to release of compensation amount in his favour and therefore, he has no objection for release of amount in favour of respondent No. 1/complainant deposited by him in the trial Court. He has further deposed that his financial condition is not good, therefore, compounding fee may kindly be reduced in the interest of justice, as he is not able to pay 15% of cheque amount as compounding fee. He has stated that his deposition in the Court is out of his free will, consent and without any external pressure, coercion or threat of any kind. 4. He has stated that his deposition in the Court is out of his free will, consent and without any external pressure, coercion or threat of any kind. 4. Consequently, respondent No. 1/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonor of cheque under Section 138 of the Negotiable Instruments Act is treated to be withdrawn and judgments of conviction and sentence passed by the Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed against him, subject to payment of compounding fee. 5. Learned counsel for the petitioner as well as petitioner has prayed for reduction of compounding fee from 15% to a lessor amount on account of financial condition of petitioner/accused. It is stated that earlier he was undertaking construction of buildings in private sector and now he is running his own taxi, however, he is facing acute shortage of funds on account of previous liabilities. 6. Considering the entire facts and circumstances and ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 5 SCC 663 as clarified in Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and another, (2014) 10 SCC 690 , instead of 15% of the cheque amount, petitioner/accused is directed to deposit Rs.10,000/- as compounding fee with the H.P. State Legal Services Authority, Shimla on or before 21st October, 2019. 7. After depositing compounding fee/cost, petitioner shall place a copy of receipt of deposit of compounding fee on record of this petition. In case of default in depositing compounding fee/cost with the H.P. State Legal Service Authority, Shimla on or before 21st October, 2019, the judgments of conviction and sentence shall automatically revive. 8. As the entire amount of compensation stands deposited by the petitioner/accused in the trial Court, Learned Judicial Magistrate 1st Class, Manali is directed to release the amount of compensation along with up to date interest, if any, deposited by the petitioner/accused in favour of respondent No. 1/complainant, by remitting the same in his bank account No. 3895000100040266, Punjab National Bank, Jagatsukh, immediately on production of copy of this judgment, without issuing any notice to the petitioner/accused. 9. Petition stands disposed of, in the aforesaid terms, so also the pending application(s), if any. 10. Copy of this judgment be sent to H.P. State Legal Services Authority, Shimla.