Sh. Chander Mohan Vs H.P. State Cooperative Agriculture and Rural Development Bank — Himachal Pradesh HC (2025) — LawSathi Research

Sh. Chander Mohan Vs H.P. State Cooperative Agriculture and Rural Development Bank — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revision allowed; Sessions Judge judgment in Criminal Appeal No. 32-S/10 of 2023 and JMFC Chopal judgment of conviction and order of sentence dated 28.07.2023 and 31.07.2023 in CIS Case No. 12 of 2021 set aside; complaint dismissed as not pressed; deposited compensation/fine released to the accused; petitioner released from Central Jail, Kanda forthwith if not required in any other case.

Issue for consideration

Whether the criminal revision should be allowed and the appellate and trial-court convictions/sentences set aside, in view of the compromise effected between the parties and the respondent's instruction not to proceed with the complaint.

Ratio / Principle

In view of the deposit of 15% of the cheque amount and the compromise between the parties, the criminal revision is allowed; the judgment of the learned Sessions Judge, Shimla in Criminal Appeal No. 32-S/10 of 2023 and the judgment of conviction and order of sentence dated 28.07.2023 and 31.07.2023 of the learned Judicial Magistrate First Class, Chopal in CIS Case No. 12 of 2021 are set aside, and the complaint is dismissed as not pressed.

Key takeaways

The amount of compensation/fine deposited by the accused is to be released to him.ratio¶13
The petitioner, in judicial custody at Central Jail, Kanda, H.P., is to be released forthwith if not required in any other case; release warrants to be sent to the Superintendent, Central Jail, Kanda.ratio¶14

Detailed headnote1 paragraphs

CR.R No.372 of 2025, decided 10.07.2025 (Rakesh Kainthla, J.; not approved for reporting): The petitioner Chander Mohan deposited 15% of the cheque amount (receipt of Rs. 50,850/-) before the Member Secretary, H.P. State Legal Services Authority, and the respondent/complainant stated he had received the amount and had instructions not to proceed with the complaint in view of the compromise between the parties. Allowing the revision, the High Court set aside the judgment of the learned Sessions Judge, Shimla in Criminal Appeal No. 32-S/10 of 2023 (titled Chander Mohan vs. H.P. State Co-operative Agricultural and Rural Development Bank, Chopal) and the judgment of conviction and order of sentence dated 28.07.2023 and 31.07.2023 passed by the learned Judicial Magistrate First Class, Chopal in CIS Case No. 12 of 2021; dismissed the complaint as not pressed; directed release of the compensation/fine deposited by the accused; and ordered the petitioner, then lodged in Central Jail, Kanda, H.P., to be released forthwith if not required in any other case.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CR.R No.372 of 2025 Date of Decision: 10.07.2025

Chander Mohan ...Petitioner

Versus

H.P. State Co-Operative Agriculture & anr.

...Respondents

Coram Hon’ble Mr Justice Rakesh Kainthla , Judge. Whether approved for reporting?¹ No. For the Petitioner : Mr. Mohan Singh and Mr. Vishav Vijay Singh, Advocates. For the Respondents : Mr. Narender Singh Advocate, for respondent No.1. Mr. Prashant Sen, Deputy Advocate General, for respondent No.2.

Rakesh Kainthla, Judge

File taken up today. Learned counel for the petitioner has deposited 15% of the cheque amount before the Member Secretary H.P. State Legal Services Authority, Shimla. Receipt of deposit of amount of Rs. 50,850/stands filed and the same is taken on record .

Learned counsel for the respondent submits that he has received the amount and has instructions not to proceed with the complaint in view of the compromise effected between the parties.

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

P a g e | 2

In view of these facts, the present revision is allowed and the judgment passed by learned Sessions Judge, Shimla in Criminal Appeal No. 32-S/10 of 2023, titled Chander Mohan vs. H.P. State Co-operative Agricultural and Rural Development Bank, Chopal, and the judgment of conviction and order of sentence passed by learned Judicial Magistrate First Class, Chopal, District Shimla on 28.07.2023 and 31.07.2023, respectively in CIS Case No. 12 of 2021 are ordered to be set aside. The complaint filed by the complainant is ordered to be dismissed as not pressed. The amount of compensation/fine deposited by the accused be released to him.

The petitioner is stated to be in judicial custody and he is presently lodged in Central Jail, Kanda, 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, Central Jail, Kanda, H.P., forthwith for necessary compliance.

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

( Rakesh Kainthla) Judge

10^th July, 2025 (veena)

Digitally signed by KARAN SINGH GULERIA Date: 2025.07.10 18:24:53 NPT