Kewal Kumar Vs SBI Julakhari — Himachal Pradesh HC (2025) — LawSathi Research

Kewal Kumar Vs SBI Julakhari — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revision allowed; judgments of the learned Sessions Judge, Chamba in Criminal Appeal No. 10 of 2025 and of the learned Judicial Magistrate First Class, Chamba dated 23.01.2025 in Criminal Case No. 139 of 2018 set aside; petitioner ordered released from judicial custody forthwith if not required in any other case; petition and pending miscellaneous application(s) disposed of.

Issue for consideration

Whether the present criminal revision should be allowed in view of the compromise between the parties and the complainant's instructions not to press the matter.

Court's answer

In view of the compromise and the complainant's decision not to press the matter, the present revision is allowed and the judgment of the learned Sessions Judge, Chamba in Criminal Appeal No. 10 of 2025, affirming the judgment of the learned Judicial Magistrate First Class, Chamba dated 23.01.2025 in Criminal Case No. 139 of 2018, is ordered to be set aside.

Ratio / Principle

The petitioner, who was in judicial custody in District Jail, Chamba, is ordered to be released forthwith, if not required in any other case, with release warrants to be sent through FASTER.

Key takeaways

Since the whole amount has been paid by the petitioner/accused to the respondent and no amount remains deposited before the Trial Court or Appellate Court, no order regarding release of the amount is required; the petition and pending miscellaneous application(s), if any, are disposed of.ratio¶23

Detailed headnote1 paragraphs

Criminal revision (Cr. Revision No. 223 of 2025, High Court of Himachal Pradesh, Shimla, Rakesh Kainthla, J., decided 18.06.2025) allowed on the basis of compromise between the parties. Counsel for the respondent/complainant (SBI Julakhari) submitted that the money had been received and she had instructions not to press the matter in view of the compromise. The judgment of the learned Sessions Judge, Chamba in Criminal Appeal No. 10 of 2025 (Kewal Kumar vs. State Bank of India), affirming the judgment dated 23.01.2025 of the learned Judicial Magistrate First Class, Chamba in Criminal Case No. 139 of 2018 (State Bank of India vs. Kewal Kumar), was set aside. The petitioner, in judicial custody at District Jail, Chamba, was ordered released forthwith if not required in any other case, warrants to be sent through FASTER. Counsel stated the whole amount had been paid to the respondent and nothing remained deposited before the Trial Court or Appellate Court, so no order on release of amount was needed; a receipt dated 18.06.2025 showed deposit of ₹56,250/- (15% of the cheque amount of ₹3,75,000/-) with the H.P. Legal Services Authority. Petition and pending miscellaneous application(s) disposed of.

Neutral Citation No. ( 2025:HHC:18556 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision No. 223 of 2025 Date of Decision: 18.06.2025.

Kewal Kumar …Petitioner Versus SBI Julakhari ...Respondent

Coram

Hon’ble Mr Justice Rakesh Kainthla , Judge. Whether approved for reporting?¹ No

For the Petitioner : Mr. Tek Chand, Advocate. For the Respondent : Ms. Kiran Sharma, Advocate, vice Mr. Arvind Sharma, Advocate.

Rakesh Kainthla, Judge

Learned counsel for the petitioner has produced the receipt dated 18.06.2025, issued by Member Secretary, H.P. Legal Services Authority, Kasumpti, Shimla, regarding the deposit of ₹56,250/- being the 15% of the cheque amount of ₹3,75,000/-.

Learned counsel for the respondent submits under

instructions that the money has been received by the complainant

1

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2

Neutral Citation No. ( 2025:HHC:18556 )

and she has instructions not to press the matter in view of the compromise.

In view of these facts, the present revision is allowed and the judgment passed by learned Sessions Judge, Chamba, District Chamba, H.P. in Criminal Appeal No. 10 of 2025, titled Kewal Kumar vs. State Bank of India affirming the judgment passed by learned Judicial Magistrate First Class, Chamba, District Chamba, H.P. on 23.01.2025, in Criminal Case No. 139 of 2018, titled State Bank of India vs. Kewal Kumar, are ordered to be set aside.

The petitioner is stated to be in judicial custody and he is presently lodged in District Jail, Chamba, H.P. He is ordered to be released forthwith, if not required in any other case. Release warrants be prepared accordingly and the same be sent to the Superintendent, District Jail Chamba, H.P. through FASTER forthwith for necessary compliance.

Learned counsel for the parties submit, under instructions, that no amount has been deposited before the learned Trial Court and the learned Appellate Court and further submit that whole amount has been paid by the

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Neutral Citation No. ( 2025:HHC:18556 )

petitioner/accused to the respondent, therefore, no order is required to be passed regarding release of the amount.

In view of the above, the present petition is disposed of, so also the pending miscellaneous application(s), if any

(Rakesh Kainthla) Judge

18^th May, 2025 (saurav pathania)

Digitally signed by KARAN SINGH GULERIA Date: 2025.06.18 16:09:00 NPT