Allowed

Prem Chand v. Ved Ram

Himachal Pradesh HC9 Aug 2017CR.R/55/2015

Case brief

AI extract

What is this about?

This High Court disposed of a joint application under Section 147 of the Negotiable Instruments Act for compounding an offence. Finding an amicable settlement reached between the petitioner and respondent with full payment made, the court set aside the conviction and sentenced, acquitted the petitioner, and directed release. It further ordered the petitioner to deposit Rs. 15,000 with the Legal Se

What did the court decide?

Conviction and sentence set aside; petitioner acquitted; directed to deposit Rs. 15,000 with Legal Services Authority within four weeks; ordered forthwith release.

Prem Chand Vs Ved Ram — Cheque Dishonour | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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Cr. MP No. 968 of 2017 in Cr. Revision No. 55 of 2015 Decided on: 09.08.2017

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__________________________________________________________ Prem Chand ……Applicant/petitioner Versus Ved Ram …..Non-applicant/respondent ______________________________________________________________ Coram_

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The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge. 1 Whether approved for reporting? No

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For the petitioner : Mr. Sanjeev Kuthiala, Advocate. For respondent : Mr. Varun Rana, Advocate. _________________________________________________________________ Chander Bhusan Barowalia, Judge (oral)

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Cr. MP No. 968 of 2017

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The present application, under Section 147 of the Negotiable Instruments Act, is jointly moved by the petitioner and respondent, for leave to compound the offence under Section 138 of the Negotiable Instruments Act (hereinafter to be called as “the Act”). As per the applicant, vide order dated 28.02.2015, the sentence imposed by the learned Courts below, for commission of offence punishable under Section 138 of the Act, was suspended. The petitioner was further directed to furnish bail bond, as well as surety bonds to the tune of Rs. 50,000/- (Rupees fifty thousand) to the satisfaction of learned trial Court and to deposit the cheque amount of Rs. 1,00,000/- (Rupees one lac) within a period of six

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1 Whether reporters of Local Papers may be allowed to see the judgment?yes

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weeks. However, the petitioner due to some un-

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avoidable circumstances, could not comply with the said order and for non-compliance of order dated 28.02.2015, he was arrested by the Police. It is further averred in the application that wife and some relatives of the petitioner met the respondent and apprised him about the factum of arrest of the petitioner and also requested the respondent to amicably settle the matter. The respondent in order to maintain harmony and good relation with the petitioner agreed to settle the dispute. The respondent has also received the cheque amount as full and final settlement and now he does not want to pursue the case against the petitioner. The application is duly supported with the affidavit of the complainant/respondent. The respondent, Ved Ram has also given one more affidavit whereby he states that the matter has been amicably settled and he has received the cheque amount as full and final settlement and he has no objection in case the matter is compounded. The wife of the petitioner/accused has given his affidavit as the petitioner is stated to be in Jail.

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Mr. Sanjeev Kuthiala, learned counsel for the petitioner on instructions from the wife of the petitioner states that the petitioner will deposit Rs. 15,000/- (Rupees fifteen thousand), i.e., 15% of the cheque amount, with the Legal Services Authority, within a period of four weeks, positively and

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in view of this the petition may be disposed of, as

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compromised and the petitioner may be acquitted for the commission of offence he was charged with. On the other hand, Mr. Varun Rana, learned counsel for the respondent states that he has received whole cheque amount and does not want to continue with the present proceedings and in view of the compromise arrived inter se the parties, the present petition be disposed of accordingly and the petitioner be acquitted.

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Heard. After hearing the learned counsel for the parties, this Court finds that as the matter has been amicably settled between the parties, the conviction and sentence, passed by the learned Courts below, is set aside and the petitioner is acquitted for the offence, he was charged with. However, the petitioner will deposit Rs. 15,000/- (Rupees fifteen thousand), i.e., 15% of the cheque amount, with the Legal Services Authority, within a period of four weeks, as he is in Central Jail, Nahan. The petitioner be released forthwith, if not required in any other case.

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In view of the above, the petition, as also pending application(s), if any, shall stand(s) disposed of accordingly.

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Copy dasti .

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(Chander Bhusan Barowalia) Judge

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9^th August, 2017 (raman)

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Prem Chand v. Ved Ram

Case brief

What is this about?

What did the court decide?

Prem Chand v. Ved Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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