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2019 DIGILAW 149 (HP)

Sumeet Kumar v. Wood Craft Electricals

2019-01-11

VIVEK SINGH THAKUR

body2019
JUDGMENT Vivek Singh Thakur, J. (Oral) - Present revision petition has been filed assailing judgment passed by learned Additional Sessions Judge-II, Solan, District Solan H.P. in Cr. Appeal No. 10ASJ-II/10 of 2018, dated 11.5.2018, whereby judgment and order of conviction and sentence passed by learned Judicial Magistrate 1st Class, Court No. 2, Kasauli, dated 3.2.2018 in complaint No. 2/11 of 2016 convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 65,000/- has been affirmed. 2. Shri. Vikas Singla, the sole proprietor of respondent/complainant was present on 9.1.2019, and in his statement recorded on oath, he has agreed for compromising the case in case the compensation amount of Rs. 65,000/- deposited by the petitioner is released in favour of respondent/claimant. 3. On that day, petitioner/accused had not attended the Court on account of personal difficulty, but today he is present in Court. 4. In his statement, recorded on oath, he has stated that in terms of offer for compromise, he is ready to compound the matter and as per compromise, amount of Rs. 65,000/- deposited by him can be ordered to be released in favour of the claimant/respondent and he has sought the reasonable time to deposit the 15% of cheque amount with H.P. State Legal Services Authority as compounding fee. 5. Consequently, respondent/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonour of cheque under Section 138 of the Negotiable Instruments Act is treated to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside. Petitioner/accused is acquitted of the accusation framed against him. 6. Registry is directed to release Rs. 65,000/-, which stands deposited by the petitioner in the Registry of this Court, in favour of respondent along with upto date interest, if any, by remitting the same in its bank account bearing No. 65160184285/IFSC SBIN0050121 of State Bank of India, Dharampur, Tehsil Kasauli, District Solan H.P. 7. In present case, the cheque amount was Rs. 60,000/-. As agreed by petitioner/accused, he is directed to deposit 15% of the cheque amount as compounding fee with the H.P. State Legal Services Authority on or before 28th February, 2019. 8. After depositing compounding fee/cost, petitioner shall place copy of receipt of deposit on record of this petition. In present case, the cheque amount was Rs. 60,000/-. As agreed by petitioner/accused, he is directed to deposit 15% of the cheque amount as compounding fee with the H.P. State Legal Services Authority on or before 28th February, 2019. 8. After depositing compounding fee/cost, petitioner shall place copy of receipt of deposit on record of this petition. In case of default in depositing compounding fee/cost with H.P. State Legal Services Authority, Shimla within stipulated period, the judgments of conviction and sentence shall automatically revive. 9. Petition stands disposed of, in the aforesaid terms, so also the pending application(s), if any. Copy of this judgment be also sent to H.P. State Lagal Services Authority, Shimla.