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Himachal Pradesh High Court · body

2019 DIGILAW 2007 (HP)

Rajesh Sharma v. Sarita

2019-12-23

VIVEK SINGH THAKUR

body2019
JUDGMENT Vivek Singh Thakur, J. - Present revision petition has been filed assailing judgment dated 4.4.2018 passed by learned Additional Sessions Judge, Rampur Bushahr, District Shimla H.P., in Cr. Appeal No. 13- R/10 of 2017, whereby judgment dated 23.12.2016/24.12.2016 passed by learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, in criminal case No. 257-3 of 2015 convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of six months and to pay compensation of Rs.1,40,000/- to the complainant has been affirmed. 2. Respondent is present in person. Her statement, on oath, has been recorded separately. She has stated in her statement that she has executed a Special Power of Attorney in favour of her father Vijay Singh, who has sworn an affidavit in terms of compromise with petitioner Rajesh Sharma. She has stated that she had to receive the total amount of Rs.1,40,000/- from petitioner Rajesh Sharma, out of which, he has deposited Rs.56,000/- in the trial Court and Rs.45,000/- in this Court and in case the said amount is released in her favour, she has agreed to waive off Rs.39,000/-, which is yet to be received from petitioner Rajesh Sharma, who has also has agreed for release of amount of Rs.1,01,000/- in her favour, therefore, she has stated that she wants to withdraw the complaint lodged by her and petition be disposed of accordingly by directing the trial Court and the Registry of the High Court to release the amount of Rs.1,01,000/- by remitting the same in her bank account. She has also stated that she has made the statement in Court today out of his free will, consent and also without any fear, threat, pressure or coercion. 3. 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and complaint arising out of dishonour of cheque under Section 138 of Negotiable Instrument Act is treated to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside.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. 4. Learned counsel for the petitioner has also prayed for imposing the lesser amount of compounding fee instead of 15% of cheque amount. Petitioner/accused is acquitted of the accusation framed against him. 4. Learned counsel for the petitioner has also prayed for imposing the lesser amount of compounding fee instead of 15% of cheque amount. It is also submitted by him that considering the ratio of law laid down by the Apex Court in Damodar S.Prabhu vs. Sayed Babalal H., (2010) 5 SCC 663 , as clarified by the Apex Court in Madhya Pradesh Legal Services Authority vs. Prateek Jain and another, (2014) 10 SCC 690 , wherein it has been held that Court may reduce compounding fee for given facts and circumstances of a particular case, present case is a fit case of exemption of compounding fee. 5. Considering facts and circumstances of the case, I am of the opinion that it is an appropriate case to impose lesser compounding fee. Therefore, petitioner is directed to deposit compounding fee of Rs.1,000/- instead of 15% of cheque amount, with the H.P. State Legal Services Authority, Shimla within four weeks from today. 6. 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. 7. Registry of this Court is directed to release Rs.45,000/-, along with up-to-date interest in favour of respondent by remitting the same in her bank account, details whereof shall be furnihsed by her either in person or through her counsel. 8. Trial Court is also directed to release the amount of Rs.56,000/-, deposited by petitioner along with up-to-date interest, if any, accrued thereupon, in favour of respondent/complainant on production of copy of this judgment and furnishing the details of bank account. 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.