Balkishan Chibber Vs Rup Ram — Cheque Dishonour | Himachal Pradesh HC (2024)

Balkishan Chibber Vs Rup Ram — Cheque Dishonour | Himachal Pradesh HC (2024)

What the court decided

AI extract

Outcome

Revision allowed; judgment dated 21.02.2023 of the Additional Sessions Judge, Nalagarh affirming the judgment dated 03.03.2020 and order of sentence dated 09.03.2020 of the Judicial Magistrate First Class, Court No.2, Nalagarh set aside; complaint dismissed as withdrawn; accused acquitted under Section 138 of the Negotiable Instruments Act; pending miscellaneous applications disposed of.

Issue for consideration

Whether the present criminal revision against the judgment dated 21.02.2023 of the learned Additional Sessions Judge, Nalagarh (which affirmed the conviction and order of sentence dated 03.03.2020/09.03.2020 of the learned Judicial Magistrate First Class, Court No.2, Nalagarh, for an offence punishable under Section 138 of the Negotiable Instruments Act) should be allowed in view of the deposit of 15% of the cheque amount and the compromise between the respondent and the complainant.

Court's answer

With the deposit of 15% of the cheque amount (Rs. 2,25,000/-) in the H.P. State Legal Services Authority in terms of the order dated 09.08.2024, the condition imposed by the Court has been fulfilled.

Ratio / Principle

The present revision is allowed and the judgment dated 21.02.2023 passed by the learned Additional Sessions Judge, Nalagarh, affirming the judgment dated 03.03.2020 and the order of sentence dated 09.03.2020 passed by the learned Judicial Magistrate First Class, Court No.2, Nalagarh, are ordered to be set aside.

Key takeaways

The complaint is dismissed as withdrawn and the accused is acquitted of the commission of an offence punishable under Section 138 of the Negotiable Instruments Act.ratio¶11

Detailed headnote1 paragraphs

Cr. Revision No. 278 of 2023 (Himachal Pradesh HC, decided 06.09.2024, Rakesh Kainthla, Judge) — Section 138 NI Act revision. Petitioner deposited 15% of the cheque amount (Rs. 2,25,000/-) in the H.P. State Legal Services Authority in terms of order dated 09.08.2024, fulfilling the condition imposed by the Court, and the respondent stated that the matter had been compromised with the complainant. On that basis the Court allowed the revision, set aside the judgment dated 21.02.2023 of the Additional Sessions Judge, Nalagarh affirming the judgment dated 03.03.2020 and order of sentence dated 09.03.2020 of the Judicial Magistrate First Class, Court No.2, Nalagarh, dismissed the complaint as withdrawn, and acquitted the accused of the offence punishable under Section 138 of the Negotiable Instruments Act.

Neutral Citation No. ( 2024:HHC:8081 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision No. 278 of 2023

Date of Decision : 06.09.2024

Balkrishan Chibber	Versus	....Pe	titioner
Shri Rup Ram & another		....Resp	ondents
Coram Hon’ble Mr Justice Rakes Whether approved for rep	h Kainthla, Judge. orting? No
For the petitioner	: Mr. J.L. Advocate Bhardwaj,	Bhardwaj, with Mr. Advocate.	Senior Sanjay
For the respondents	: Mr. P.S. Advocate Thakur, respondent	Goverdhan, with Mr. Advocate, No.1.	Senior Rakesh for
	Mr. Lo Additional respondent	kender K Advocate Gen No.2/State.	utlehria, eral for

Rakesh Kainthla, Judge (Oral)

Learned counsel for the petitioner submits that 15 % of the cheque amount has been deposited. The receipt of ₹2,25,000/has been produced before the Court today.

Thus, 15% of the cheque amount i.e., ₹2,25,000/- has been deposited in the H.P. State Legal Services Authority in terms of order dated 09.08.2024 and the condition imposed by the Court has

2 Neutral Citation No. ( 2024:HHC:8081 )

been fulfilled. The respondent has stated that the matter has been compromised by him with the complainant. In view of this, the present revision is allowed and judgment dated 21.02.2023 passed by learned Additional Sessions Judge, Nalagarh affirming the judgment dated 03.03.2020 and the order of sentence dated 09.03.2020 passed by learned Judicial Magistrate First Class, Court No.2 Nalagarh are ordered to be set aside.

The complaint is dismissed as withdrawn and the accused is acquitted of the commission of an offence punishable under Section 138 of Negotiable Instruments Act.

Pending miscellaneous applications, if any, also stands disposed of.

(Rakesh Kainthla) Judge

6^th September, 2024 (Nikita)