Allowed

Krishan Dutt v. Kundan Singh Diwan and another

Himachal Pradesh HC5 Aug 2024CR.R/146/2024

Case brief

AI extract

What is this about?

In a criminal revision challenge to a conviction under Section 138 of the Negotiable Instruments Act, the High Court allowed a compromise where the petitioner paid the cheque amount to the complainant. Exercising power under Section 147 of the Act, the court compounded the offence, acquitted the petitioner, and set aside impugned convictions.

What did the court decide?

The offence was compounded; impugned judgments of conviction and sentence were quashed; petitioner acquitted; deposited amount released to petitioner.

Krishan Dutt Vs Kundan Singh Diwan and another — Cheque Dishonour | Himachal Pradesh HC (2024)

¶1

2024:HHC:6395

¶2

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶3

Cr. Revision No.146 of 2024 Date of Decision: 05.08.2024

Krishan Dutt

……...Petitioner

Versus

Kundan Singh and Another

¶8

…....Respondents

¶9

Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Surila Sangam, Advocate. For the Respondents: Mr. Anil Chauhan, Advocate, for respondent No.1.

¶10

Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the respondent No.2/State.

¶11

Sandeep Sharma, J. (Oral)

¶12

Instant criminal revision petition, lays challenge to judgment dated 19.12.2023, passed by the learned Additional Sessions Judge-I, Shimla, Himachal Pradesh, in Criminal Appeal No.33-S/10 of 2023, affirming judgment of conviction and order of sentence dated 20.03.2023, passed by the learned Judicial Magistrate First Class, Chopal, District Shimla, Himachal Pradesh, in criminal case No.126-1 of 2016, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to

¶13

2024:HHC:6395

¶14

¶15

undergo simple imprisonment for a period of seven months and pay compensation to the tune of Rs.1,00,000/- to the complainant.

¶16

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 competent Court of law, alleging therein that accused with a view to discharge his liability issued cheque amounting to Rs.70,000/- in favour of the complainant, but fact remains that aforesaid cheque, on its presentation, was dishonoured. Since petitioner-accused failed to make 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.

¶17

Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 20.03.2023, held the petitioner-accused guilty of having committed offence punishable under Section 138 of the Act and accordingly, convicted and sentenced him as per the description given hereinabove.

¶18

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, Shimla, Himachal Pradesh, which also came to be dismissed vide judgment dated 19.12.2023, as a consequence of which, judgment of conviction recorded by the learned trial

¶19

2024:HHC:6395

¶20

¶21

Court came to be upheld. In the aforesaid background, present petitioneraccused has approached this Court by way of instant proceedings, seeking therein his acquittal after setting aside the judgments of conviction recorded by the courts below.

¶22

Before case at hand could be heard and decided on its own merits, parties have entered into compromise, whereby petitioner/accused has agreed to pay entire amount of compensation to the respondent/complainant. As per compromise, respondent/complainant has agreed to settle the matter for a sum of Rs.70,000/- i.e. the Cheque amount.

¶23

Mr. Surila Sangam, learned counsel representing the petitioner/accused, on instructions from the petitioner, who is present in Court, states that that petitioner has entered into compromise with respondent-complainant, whereby parties have resolved to settle their dispute amicably inter se them. She states that entire Cheque amount has been brought by the petitioner, which has been further handed over to the complainant in the Court, as such, this Court, while exercising power under Section 147 of the Act, may compound the offence and acquit the accused.

¶24

Respondent-complainant Kundan Singh, who is present in the Court and duly represented by Mr. Anil Chauhan, Advocate, states on oath

¶25

2024:HHC:6395

¶26

¶27

that he of his own volition and without there being any external pressure, has entered into compromise with the petitioner-accused. He states that today, he has received the entire Cheque amount, as such, he shall have no objection in compounding the offence and acquittal of the accused from the charges framed against him under Section 138 of the Act. He further states that since he has received the entire Cheque amount, he has no objection in case amount lying deposited with the learned Court below, is ordered to be released in favour of petitioner/accused. His statement made on Oath is taken on record.

¶28

Having taken note of the fact that entire Cheque amount stands paid to the respondent-complainant and respondent has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of 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 Cou rt 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.

¶29

Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and sentence dated

¶30

2024:HHC:6395

¶31

¶32

19.12.2023 and 20.03.2023, 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 has received the entire Cheque amount today in the Court, amount lying deposited with the learned Court below is ordered to be released in favour of the petitioner-accused by remitting the same in his saving bank account, detail whereof shall be furnished by his counsel within one week. The petition is disposed of along with pending applications, if any.

¶33

August 05, 2024 (Rajeev Raturi)

¶34

(Sandeep Sharma), Judge

Krishan Dutt v. Kundan Singh Diwan and another

Case brief

What is this about?

What did the court decide?

Krishan Dutt v. Kundan Singh Diwan and another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Atul Shukla Vs Som Kumar

Ashish Sharma Vs State of Hp

Shankar Singh Vs State of Hp and Another

Mohammad Faisal Vs State of Hp and Others

Roshan Lal Vs Ashwani Sharma

State of Hp Vs Milap Chand