Research › Search › Judgment

Himachal Pradesh High Court · body

2020 DIGILAW 63 (HP)

RAJESH SHARMA v. GOPAL SINGH

2020-01-03

VIVEK SINGH THAKUR

body2020
JUDGMENT : Vivek Singh Thakur, J. 1. Present revision petition has been filed assailing judgment dated 07.04.2018 passed by learned Additional Sessions Judge, Rampur Bushahr, District Shimla H.P., in Cri. Appeal No. 23-R/10 of 2017, whereby judgment/order dated 27/29.04.2017, passed by learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, in criminal case No. 215-3 of 2015 convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of six months and to pay compensation of Rs.55,000/- to the complainant has been affirmed. 2. Learned counsel for respondent, under instructions, has stated, in his statement, that he is duly authorized and competent to make statement on behalf of the respondent as instructed by him and according to instructions imparted to him, petitioner Rajesh Sharma had to pay an amount of Rs.55,000/- in total to respondent Gopal Singh, but, he has been instructed to make statement that matter has been amicably settled and compromised with applicant/petitioner Rajesh Sharma and according to that compromise, amount deposited by petitioner in the Courts i.e. Rs.22,000/- in the trial Court and Rs.18,000/- in this Court is to be released in favour of Gopal Singh by remitting the same in his bank account No. 11156833535, State Bank of India, Rampur Bushahr, whereas remaining amount of Rs.15,000/- has been waived off by respondent and he shall not claim that amount in future and in turn, respondent Gopal Singh has agreed to withdraw the complaint for compounding the case and that the petition be disposed of accordingly with direction to release Rs.40,000/- in favour of respondent Gopal Singh. He has further stated that he has made the statement strictly in accordance with instructions imparted to him by respondent. 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. 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 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. 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 in Damodar S. Prabhu v. Sayed Babalal H. 2010 5 SCC 663 , as clarified by the Apex Court in Madhya Pradesh Legal Services Authority v. 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 H.P. 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 H.P. State Legal Services Authority, Shimla within stipulated period, the judgments of conviction and sentence shall automatically revive. 8. Registry of this Court is directed to release Rs.18,000/-, along with up-to-date interest, in favour of respondent by remitting the same in his bank account No. 11156833535, State Bank of India, Rampur Bushahr. 9. Trial Court is also directed to release the amount of Rs.22,000/-, 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 H.P. State Lagal Services Authority, Shimla.