NIRJAL ATTRI Vs. BRAHM DASS GAUTAM

JUDGEMENT

(1.) Present Revision Petition has been filed assailing judgment dtd. 29/8/2019, passed by learned Additional Sessions Judge, Ghumarwin District Bilaspur, H.P. (Camp at Bilaspur) in Criminal Appeal No.33/10 of 2018, titled as Nirjal Attri vs. Brahm Dass Gautam, whereby judgment and order of conviction dtd. 17/7/2018, passed by learned Additional Chief Judicial Magistrate, Court No.1, Ghumarwin, District Bilaspur H.P., in Criminal Case No.103/3 of 2016, titled as Brahm Dass Gautam vs. Nirjal Attri, convicting and sentencing the petitioner-accused to undergo simple imprisonment for one year and to pay compensation of '8,00,000/- to the complainant, has been affirmed.

(2.) Today, petitioner Nirjal Attri as well as respondent Brahm Dass Gautam, are present in the Court, who have been duly identified by their respective learned counsel and their statements on oath have also been recorded separately.

(3.) In his statement, complainant Brahm Dass Gautam has stated matter has been amicably settled before learned Mediator and according to the compromise petitioner namely Nirjal Attri has agreed to make payment of '9,00,000/- to him and for payment thereof, he has communicated no objection for release of '1,60,000/- deposited by him in the trial Court at Ghumarwin and also for release of '2,90,000/- deposited by him in the Registry of this Court and as a matter fact the said amount i.e. '2,90,000/- stands released in his favour by orders of this Court. He has further stated that for remaining amount, petitioner has agreed to make payment in installments and first installment of '70,000/- was to be made on or before 5/11/2020 and next seven installments are proposed to be made @ '50,000/- per month on or before 5th of every month and last installment would be of '30,000/- payable on or before 5/7/2021. he has further stated that as a matter of fact, petitioner has not paid first installment of '70,000/-, however, he has undertaken to make payment thereof alongwith second installment and as such, petitioner has agreed to make the payment of '1,20,000/- on or before 5/12/2020 and he has accepted his proposal as petitioner has communicated that he could not pay first installment for paucity of funds and he is making endeavour to make the funds available by borrowing the same from his father, who has applied for withdrawal of GPF as told by the petitioner. He has further stated that in turn, he has agreed to withdraw the complaint subject to payment of aforesaid amount of '9,00,000/- to him, in total, with rider that in case of default, judgment of conviction and sentence be revived against the petitioner and he has prayed for disposal of present petition, in terms of compromise as narrated aforesaid and he has also stated that his deposition in this Court is out of his free will, consent and without any external pressure, coercion or threat of any kind.