RAJESH SHARMA Vs. PRAKASH CHAND

JUDGEMENT

(1.) Present revision petition has been filed assailing judgment dated 4.4.2018 passed by learned Additional Sessions Judge, Rampur Bushahr, District Shimla H.P., in Cr. Appeal No. 17-R/10 of 2016, whereby judgment/order dated 28.2.2017/7.3.2017 passed by learned Additional Chief Judicial Whether Reporters of Local Papers may be allowed to see the judgment? Yes Magistrate, Rampur Bushahr, District Shimla, in criminal case No. 248-3 of 2015 convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of six months and to pay compensation of Rs.1,28,600/- to the complainant has been affirmed.

(2.) Respondent Prakash Chand, duly identified by learned counsel for the petitioner, is present in person and his statement has been recorded on oath. He has stated on oath that he had to receive total amount of Rs.1,50,000/- from petitioner Rajesh Sharma, out of which, he has deposited Rs.60,000/- in the trial Court and has deposited Rs.50,000/- in this Court, and in case the said amount of Rs.1,10,000/- is released in his favour, he has agreed to waive off Rs.40,000/- which is yet to be received from petitioner, and to withdraw the complaint lodged by him and petition be disposed of accordingly by directing the trial Court and the Registry of the High Court to release the amount of Rs.1,10,000/- by remitting the same in his bank account No.11156842541, State Bank of India, Rampur Bushahr. He has stated that he has made the statement in Court today out of his free will, consent and also without any fear, threat, pressure or coercion.

(3.) The petitioner has also made a statement that he does not want to contest the revision petition on merits and as per compromise, amount deposited by him in trial Court as well as in the Registry of this Court is to be released in favour of respondent/complainant and respondent/complainant has also agreed to compound the matter. He has stated that he has made the statement in Court today out of his free will, consent and also without any fear, threat, pressure or coercion.