Mahender Singh Kaith Vs Narayan Singh

2024:HHC:5389

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.R. No. 74 of 2024 Date of Decision: 17.07.2024

_____________________________________________________________________ Mahender Singh Kaith ……...Petitioner Versus Sh. Narayan Singh …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Dalip Singh Kaith, Advocate. For the Respondent: Mr. Pawan Kumar Thakur, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral)

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Instant criminal revision petition, lays challenge to judgment dated 7.12.2023, passed by the learned Additional Sessions Judge, Kinnaur at Rampur Bushahr, District Shimla, H.P., in Criminal Appeal No. 48 of 2023, affirming judgment of conviction and order of sentence dated 13.07.2023, passed by the learned Judicial Magistrate First Class, Anni, District Kullu, H.P., in Criminal Complaint No. 60/2018, 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

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undergo simple imprisonment for a period of two months and pay compensation to the tune of Rs. 50,000/- to the complainant.

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Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Section 138 of the Act, before the learned Judicial Magistrate First Class, Anni, District Kullu, H.P., alleging therein that accused with a view to discharge his liability issued cheque amounting to Rs. 50,000/-, but fact remains that aforesaid cheque on its presentation, was dishonoured. Since petitioneraccused 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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Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 13.07.2023, 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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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, Kinnaur at Rampur Bushahr, District Shimla, H.P. which also came to be dismissed vide judgment dated

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7.12.2023, 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 proceedings, seeking therein his acquittal after setting aside the judgments of conviction recorded by the courts below.

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Before case at hand could be heard and decided on its own merits, petitioner volunteered to pay the entire amount of compensation awarded by the Court below and as such vide order dated 20.05.2024, this Court granted him time to deposit the balance amount. A sum of Rs.10,000/- stands deposited with the learned Trial Court, whereas, Rs.20,000/- stands deposited in the Registry of this Court.

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Today, Mr. Dalip Singh Kaith, learned counsel for the petitioners has handed over Rs.20,000/- in cash to Mr. Pawan Kumar Thakur, learned counsel for the respondent in the Court to be further handed over to the respondent-complainant. He states that since entire amount of compensation stands paid, this Court while exercising power under Section 147 of the Act, may compound the offence and acquit the accused.

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Mr. Pawan Kumar Thakur, Advocate, appearing on behalf of the respondent states that he has received Rs.20,000/- today in the Court

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and 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.

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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 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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Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 13.07.2023 and 7.12.2023, 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. Registry of this Court as well as learned trial court below are also directed to release the amount deposited by the

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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 17, 2024 (Sandeep Sharma), (Ankit) Judge

Mahender Singh Kaith v. Narayan Singh

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Mahender Singh Kaith v. Narayan Singh

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