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2020 DIGILAW 57 (HP)

Rajesh Sharma v. Bobby Ram

2020-01-03

VIVEK SINGH THAKUR

body2020
JUDGMENT Vivek Singh Thakur, J. (Oral) - Present revision petition has been filed assailing judgment dated 6.4.2018 passed by learned Additional Sessions Judge, Rampur Bushahr, District Shimla H.P., in Cr. Appeal No. 103-R/10 of 2016, whereby JUDGMENT dated 26/30.11.2016 passed by learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, in criminal case No. 261-3 of 2015 convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of three months and to pay compensation of Rs. 1,20,000/- to the complainant has been affirmed. 2. Respondent Bobby Ram, duly identified by learned counsel for the petitioner, is present in person and his statement has been recorded on oath. He has stated on oath that he had to receive total amount of Rs.1,20,000/- from petitioner Rajesh Sharma, out of which, he has deposited Rs.48,000/- in the trial Court and Rs.35,000/- in this Court, and in case the said amount of Rs.83,000/- is released in his favour, he has agreed to waive off Rs.37,000/-, which is yet to be received from petitioner, and to withdraw the complaint lodged by him and petition be disposed of accordingly by directing the trial Court and the Registry of the High Court to release the amount of Rs.83,000/-by remitting the same in his bank account No.15430100111937, UCO Bank, Rampur Bushahr. He has stated that he has made the statement in Court today out of his free will, consent and also without any fear, threat, pressure or coercion. 3. The petitioner has also made a statement that he does not want to contest the revision petition on merits and as per compromise, amount deposited by him in trial Court as well as in the Registry of this Court is to be released in favour of respondent/complainant and respondent/complainant has also agreed to compound the matter. He has stated that he has made the statement in Court today out of his free will, consent and also without any fear, threat, pressure or coercion. 4. 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and complaint arising out of dishonour of cheque under Section 138 of Negotiable Instrument Act is treated to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside.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. 5. 4. 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. 5. 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 as 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. 6. 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 Himachal Pradesh State Legal Services Authority, Shimla within four weeks from today. 7. 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 Himachal Pradesh State Legal Services Authority, Shimla within stipulated period, the judgments of conviction and sentence shall automatically revive. 8. The Registry of this Court is directed to release Rs.35,000/- along with up-to-date interest in favour of respondent Bobby Ram by remitting the same in his bank account No. 15430100111937, UCO Bank, Rampur Bushahr. 9. Trial Court is also directed to release the amount of Rs.48,000/-, deposited by petitioner, along with up-to-date interest, if any, accrued thereupon, in favour of respondent/complainant, by remitting the same in his above mentioned bank account. 10. Petition stands disposed of, in the aforesaid terms, so also the pending application(s), if any. Copy of this judgment be also sent to Himachal Pradesh State Lagal Services Authority, Shimla.