Allowed

Naresh Kumar v. Puran Chand

Himachal Pradesh HC10 Apr 2023CRMMO/281/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision to compound the offence of cheque dishonour despite prior conviction. The court set aside the conviction and sentence, granting acquittal conditional on depositing 5% of the cheque amount with the Legal Services Authority.

What did the court decide?

Offence compounded; conviction and sentence set aside; petitioner acquitted conditionally on depositing 5% of cheque amount with HP SLA.

Naresh Kumar Vs Puran Chand — Cheque Dishonour | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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Cr.MMO No.281 of 2023 Decided on: 10^th April, 2023

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_________________________________________________________________ Naresh Kumar ....Petitioner Versus Puran Chand & Anr. …Respondents ________________________________________________________________ Coram_

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Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

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1 Whether approved for reporting?

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_________________________________________________________________ For the petitioner: Mr. Mohar Singh, Advocate. For the respondents: Respondent No.1 present in person. Mr. Y.P.S.Dhaulta & Mr. Navlesh Verma, Additional Advocates General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for respondent No.2.

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Jyotsna Rewal Dua, Judge

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The petitioner was convicted by the learned

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Judicial Magistrate First Class Court No.4, Shimla, H.P. on 14.10.2019 for having committing offence punishable under Section 138 of Negotiable Instruments Act (the Act in short). Vide order dated 15.10.2019, he was sentenced to undergo

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simple imprisonment for a period of one month and to pay

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

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compensation of Rs.40,000/- to the complainant. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge, Shimla, H.P. vide judgment dated 21.03.2022. These judgments and sentence order have been assailed by the petitioner in the instant criminal revision and prayer has been made to compound the offence.

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2. Learned counsel for the petitioner submitted that the petitioner has deposited Rs.40,000/- before the learned Trial Court and the same stands released to respondent No.1. 3. The respondent No.1/complainant has attended the hearing in person and vide his separate statement recorded on oath, he has admitted having received Rs.40,000/- from the petitioner-accused in terms of order dated 25.07.2022 passed by the learned Trial Court. He has expressed his no objection in case the offence under Section 138 of the Act, for which petitioner has been convicted by both the courts below is compounded and the judgments/orders passed by the learned Trial Court on 14/15.10.2029 as affirmed by the learned Appellate Court on 21.03.2022 are set aside.

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4. It is well settled that the offences under the provisions of Negotiable Instruments Act are compoundable even after the conviction of the accused. Since the parties have settled the matter amongst themselves, therefore, prayer of the petitioner for compounding the offence and for setting aside the judgments of conviction and order of sentence can be allowed. Ordered accordingly.

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The offence, for which the petitioner has been sentenced and convicted by the learned Judicial Magistrate First Class Court No.4, Shimla, in its judgment dated 14/15.10.2019, passed in Complaint No.929-3 of 2019/12 and affirmed by learned Sessions Judge Shimla, H.P. vide judgment dated 21.03.2022 passed in Criminal Appeal No. 24S/10 of 2021, is ordered to be compounded. The judgment and sentence order dated 14/15.10.2019 passed by Judicial Magistrate First Class Court No.4, Shimla, as affirmed by learned Sessions Judge vide judgment dated 21.03.2022, are set aside. Petitioner is acquitted of all the charges. This order is subject to the condition that the petitioner will deposit 5% of the cheque amount with the Himachal Pradesh State Legal Services Authority, within a period of four weeks from today.

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The present criminal revision stands disposed in

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the above terms of, so also the pending miscellaneous

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application(s), if any.

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Jyotsna Rewal Dua Judge

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April 10, 2023

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R.Atal

Naresh Kumar v. Puran Chand

Case brief

What is this about?

What did the court decide?

Naresh Kumar v. Puran Chand

Case brief

What is this about?

What did the court decide?

What the court decided

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