Pawan Kumar Vs Himachal Pradesh Gramin Bank

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Criminal Revision No.387 of 2023 Decided on : 03.01.2024
Pawan Kumar …Petitioner
Versus
Himachal Gramin Bank …Respondent
Coram
The Hon’ble Mr. Justice Virender Singh, Judge.

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Whether approved for reporti	ng?¹
For the petitioner :	Mr. S	unil Kumar,	Advocate.
For the respondent :	Ms. Advoc	Devyani ate with	Sharma, Senior Mr. Basant Pal
	Thak	ur, Advocate.

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Virender Singh, Judge (oral)

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Petitioner-Pawan Kumar has filed the present revision petition against the judgment dated 11.01.2022, passed by learned Additional Sessions Judge, Sarkaghat, District Mandi (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.94/2019, titled as Pawan Kumar versus Himachal Gramin Bank

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By way of judgment dated 11.01.2022, the learned First Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction

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1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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2

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dated 26.11.2018 and order of sentence dated 31.05.2019, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Sarkaghat, District Mandi, H.P., (hereinafter referred to as the ‘trial Court’), in Case No.39II/2011, titled as Himachal Gramin Bank versus Pawan Kumar.

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Vide judgment of conviction dated 26.11.2018 and order of sentence dated 31.05.2019, learned trial Court has convicted the petitioner, for the offence, punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment, for a period of one year and to pay a compensation of Rs.55,000/-, to the complainant.

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After dismissal of the appeal by the learned First Appellate Court, the present revision petition has been preferred.

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During the pendency of the revision petition, before this Court, the matter has been settled between the parties. In this regard, the petitioner has filed an application, under Section 147 of the NI Act, bearing Cr.MP

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No.32 of 2024, with a prayer to permit the parties to compound the offence, on the ground that the matter has been settled with regard to Cheque No.299101 dated 21.12.2010.

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Today, the accused is present before this Court. He has deposed that he has been convicted and sentenced by the learned trial Court vide judgment of conviction, dated 26.11.2018 and order of sentence dated 31.05.2019.

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Against the said judgment of conviction and order of sentence, he had filed the appeal before the learned First Appellate Court and the learned First Appellate Court has also dismissed his appeal. Now, he is before this Court, in the present revision petition.

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In addition to this, the accused has also submitted that during the pendency of the revision petition, the matter has been compromised between him and the complainant and he has also paid the settled amount to the complainant. He has also deposed that he has deposited a sum of Rs.15,000/-, before the Registry of this Court and he has no objection, if the said amount of Rs.15,000/- is released to the complainant.

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Apart from this, it has also been stated, that he will deposit the compounding fee, within two months from today.

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According to the petitioner, in case, he fails to deposit the compounding fee, within the stipulated period, the revision petition, may be treated as dismissed and in that eventuality, the petitioner will surrender before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court.

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On behalf of the respondent-Bank, Mr. Basant Pal Thakur, Advocate has admitted the statement made by the petitioner as correct and has prayed that the amount deposited by the petitioner before the Registry of this Court, may kindly be released in favour of the respondentBank. He has also deposed that he has no objection, in case the present petition is allowed and the accused is acquitted by setting aside the judgment of conviction dated 26.11.2018 and order of sentence dated 31.5.2019.

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Since, the matter, with regard to cheque No.299101, dated 21.12.2010, has been settled between the parties, as such, the application, bearing Cr.MP No.32

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of 2024, is allowed and the parties are permitted to compound the offence.

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Considering the fact that the application for compounding of the offence has been allowed, the present petition is allowed and the judgment of conviction dated 26.11.2018 and order of sentence dated 31.05.2019, passed by learned trial Court in Case No.30-III/2011, which has been affirmed by learned First Appellate Court, in Criminal Appeal No.94/2019, vide judgment dated 11.01.2022, are set aside and the petitioner is acquitted from the offence, punishable under Section 138 NI Act. His personal and surety bonds are cancelled and discharged.

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However, this order shall be, subject to deposit of 8% of the cheque amount, as compounding fee, with the Member Secretary, H.P. State Legal Services Authority, Shimla, within two months from today.

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It is further clarified that if the petitioner fails to deposit the compounding fee, as ordered by this Court, within two weeks, then, the present petition shall be deemed to have been dismissed, by reviving the judgment of conviction dated 26.11.2018 and order of sentence,

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dated 31.05.2019, passed by learned trial Court and in that eventuality, he shall surrender before the learned trial Court to undergo the substantive sentence, imposed upon him, by the learned trial Court.

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The amount deposited by the accused before the Registry of this Court is ordered to be released in favour of complainant-Bank, as per Rules.

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Pending miscellaneous applications, if any,

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shall also stand disposed of.

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( Virender Singh ) Judge

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January 03, 2024 (ps)

Pawan Kumar v. Himachal Pradesh Gramin Bank

Case brief

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Pawan Kumar v. Himachal Pradesh Gramin Bank

Case brief

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What did the court decide?

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What the court decided

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