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Pankaj Kumar Sahore v. Rajesh Modgil

Himachal Pradesh HC8 Jul 2024CR.R/141/2023

Case brief

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What is this about?

In a criminal revision petition challenging a conviction for cheque dishonour, the High Court compounded the offence under Section 147 of the Negotiable Instruments Act following full payment of compensation and mutual consent. The impugned judgments were quashed, the petitioner acquitted, and litigation costs awarded to the respondent.

What did the court decide?

Compound the offence under Section 147 of the Negotiable Instruments Act, quash the impugned judgments of conviction and sentence, acquit the petitioner, and direct payment of litigation costs and com

Pankaj Kumar Sahore Vs Rajesh Modgil — Cheque Dishonour | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.R. No. 141 of 2023 Date of Decision: 8.7.2024

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_____________________________________________________________________ Pankaj Kumar Sahore ……...Petitioner Versus Rajesh Modgil …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Dhananjay Singh, Advocate. For the Respondent: Mr. Dheeraj K. Vashishat, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral)

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Instant criminal revision petition, lays challenge to judgment dated 7.1.2023, passed by the learned Additional Sessions Judge (I), Una, District Una, H.P., in Criminal Appeal No. 26 of 2020, affirming judgment of conviction and order of sentence dated 31.1.2020/3.2.2020, passed by the learned Chief Judicial Magistrate, Una, District Una, H.P., in RBT No. 32-II-17/2016, whereby the learned trial Court while holding the petitioneraccused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of three months and pay compensation to the tune of Rs. 4,05,000/- to the complainant.

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2. Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Section 138 of the Act, in the court of Chief Judicial Magistrate, Una, District Una, H.P., alleging therein that accused with a view to discharge his liability issued cheque amounting to Rs. 3,00,000/-, but fact remains that aforesaid cheque on its presentation, was dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act.

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3. Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 31.1.2020/3.2.2020, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and accordingly, convicted and sentenced him as per the description given herein above.

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4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the court below, accused preferred an appeal in the court of learned Additional Sessions Judge (I), Una, District Una, Himachal Pradesh, which also came to be dismissed vide judgment dated 7.1.2023, as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioner-accused has approached this Court by way of instant

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proceedings, seeking therein his acquittal after setting aside the judgments of conviction recorded by the courts below.

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5. Before case at hand could be heard and decided on its own merits, learned counsel for the petitioner stated since accused has deposited the entire compensation amount before the Registry of this Court as well as learned trial court and he has no objection in case same is released in favour of the complainant, this Court while exercising power under Section 147 of the Act, may compound the offence and acquit the accused.

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6. While fairly acknowledging factum with regard to compromise, learned counsel appearing for the respondent-complainant stated that his client shall have no objection in compounding the offence in case the amount lying deposited in the Registry of this court as well as learned trial court is ordered to be released in favour of the complainant. Learned counsel further submitted that since respondent-complainant was unnecessarily dragged into litigation for realization of his own money, this Court may also award some litigation cost.

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7. Having taken note of the fact that entire amount of compensation stands paid or agreed to be paid to the respondentcomplainant and respondent has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of

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the petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon’ble Apex Cour t in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663 , wherein it has been categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below.

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8. Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 31.1.2020/3.2.2020 and 7.1.2023, passed by the courts below are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Interim order, if any, is vacated. Bail bonds, if any, are discharged. Since respondent-complainant was unnecessarily compelled to institute the legal proceedings against the accused that too for realization of his own money, this court deems it fit to direct the accused to pay sum of Rs. 10,000/- as litigation cost, to the respondent-complainant, payable within four weeks. Ordered accordingly. Apart from above, petitioner shall also be liable to pay 5% of the cheque amount as compounding fee with the Himachal Pradesh State Legal Services Authority, within aforesaid period. It is made clear that in case, needful is not done within the time stipulated by this court, accused besides rendering himself liable for penal consequences would also invite

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contempt proceedings. Registry of this Court as well as learned trial court below are also directed to release the amount, if any deposited by the accused, on filing appropriate application, detailing therein saving bank account details of respondent-complainant. The petition is disposed of alongwith pending applications, if any.

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July 8, 2024

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(manjit)

Pankaj Kumar Sahore v. Rajesh Modgil

Case brief

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Pankaj Kumar Sahore v. Rajesh Modgil

Case brief

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