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2025 DIGILAW 285 (HP)

Guru Lal v. Virender Kumar

2025-03-05

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. CrMP(M) No.2634 of 2024 In view of the no objection, made by learned vice counsel appearing for the respondent, the application, under consideration, is allowed and the delay of 15 days in filing the accompanying Criminal Revision Petition is ordered to be condoned. Application is, thus, disposed of. Cr. Revision No.110 of 2025 Petitioner-Guru Lal has filed the present Criminal Revision Petition against the judgment dated 27.07.2024, passed by the learned Additional Sessions Judge, Rohru, District Shimla, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.3-R/10 of 2024, titled as ‘Guru Lal Vs. Virender Kumar’. 2. By way of judgment dated 27.07.2024, the learned First Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 21.12.2022, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P. (hereinafter called as the trial Court), in case RBT No.317-3 of 18, titled as ‘Virender Kumar Vs. Guru Lal’. 3. Vide judgment of conviction and order of sentence dated 21.12.2022, the learned trial Court has convicted the petitioner, for the offence, punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment, for a period of six months and to pay a compensation of Rs.1,50,000/- to the complainant. 4. After dismissal of the appeal by the learned First Appellate Court, the present Criminal Revision Petition has been preferred. 5. Now, the petitioner has moved application, bearing CrMPST No.12027 of 2024, under Section 147 of NI Act, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for compounding of offence on the ground that the parties have compromised the matter and the terms and conditions of the compromise have been reduced into writing, vide Compromise Deed (Annexure A-1). According to the petitioner, he has deposited the entire compensation amount. 6. Statements of both the parties have been recorded, in which, they have deposed that the dispute, with regard to Cheque No.582285, dated 01.10.2018, has been settled between them. 7. According to the petitioner, he has deposited the entire compensation amount. 6. Statements of both the parties have been recorded, in which, they have deposed that the dispute, with regard to Cheque No.582285, dated 01.10.2018, has been settled between them. 7. The complainant, on 08.01.2025, has stated on oath, regarding the factum, as to why, he has filed the complaint against the accused, in which, the judgment of conviction and order of sentence have been passed, which have unsuccessfully been assailed, before the learned First Appellate Court. He has also deposed that the matter has been compromised with the petitioner and the petitioner has paid a sum of Rs.1,20,000/- directly to him and he had deposited remaining amount of Rs.30,000/- with the learned trial Court. According to him, since, the entire amount of compensation has been paid/deposited by the petitioner, therefore, he has no objection, if the present revision petition is allowed and the judgment of conviction and order of sentence are ordered to be quashed and set aside and the petitioner is acquitted from the offence, punishable under Section 138 of NI Act. 8. Today, petitioner is present before this Court and he has also stated in the aforesaid terms. He has also deposed that on the basis of the compromise, the present petition may be allowed by setting aside the judgment of conviction and order of sentence, referred to above, and he may be acquitted from the offence, punishable under Section 138 of NI Act. He has further deposed that he has no objection in case, the amount of Rs.30,000/-, which he has deposited with the learned trial Court, is released in favour of the complainant. 9. In addition to this, the petitioner has also put forward the indigent circumstances, by stating that some relaxation may be given in the compounding fee. 10. Apart from this, the petitioner-accused has also given an undertaking that he will deposit the compounding fee, within a period of eight weeks from today and in case, he fails to deposit the compounding fee, within the stipulated period, the revision petition, may be treated as dismissed and in that eventuality, he will surrender before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court. 11. 11. Considering the statement of the parties, as well as, considering the fact that the matter has been settled between the accused (petitioner) and the complainant, application, bearing CrMPST No.12027 of 2024, is allowed and the petitioner is permitted to compound the offence. 12. Consequently, the present petition is allowed and the judgment of conviction and order of sentence dated 21.12.2022, passed by learned trial Court in case RBT No.317-3 of 18, which has been affirmed by learned First Appellate Court, in Criminal Appeal No.3-R/10 of 2024, vide judgment dated 27.07.2024, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 of the NI Act. His personal and surety bonds are discharged. 13. However, this order shall be, subject to the deposit of 5% of the cheque amount, as compounding fee, with the Member Secretary, H.P. State Legal Services Authority, Shimla, within a period of two months, from today. 14. It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within a period of two months, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction and order of sentence dated 21.12.2022, passed by learned trial Court and in that eventuality, he shall surrender before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court. The amount of compensation i.e. a sum of Rs.33,500/-, deposited with learned trial Court, be released to complainant-Virender Kumar, on making application, as per Rules. 15. Pending miscellaneous applications, if any, shall also stand disposed of.