LAWS(HPH)-2012-12-65

SH. CHUNI LAL S/O SH. NAND LAL, RESIDENT OF VILLAGE MATWAR/SADHYANA, P.O. SADHYANA, TEHSIL SADAR, DISTRICT MANDI, H.P. Vs. SH. BALDEV CHAND S/O SH. NARAIN DASS, RESIDENT OF VILLAGE KATHYANA, P.O. BIR, TEHSIL SADAR, DISTRICT MANDI, H.P.

Decided On December 28, 2012
Sh. Chuni Lal S/O Sh. Nand Lal, Resident Of Village Matwar/Sadhyana, P.O. Sadhyana, Tehsil Sadar, District Mandi, H.P. Appellant
V/S
Sh. Baldev Chand S/O Sh. Narain Dass, Resident Of Village Kathyana, P.O. Bir, Tehsil Sadar, District Mandi, H.P. Respondents

JUDGEMENT

(1.) HEARD . Pursuant to a complaint filed by the respondent, who is present in the Court in person and is identified by Mr. G.R. Palsra, Advocate, against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (in short the 'Act'), the latter was convicted and sentenced to suffer simple imprisonment for six months and to pay compensation of Rs. 30,000/ - (thirty thousand) to the respondent. Being aggrieved, he carried the matter in appeal to the Sessions Court, but without any success. Consequently, he is before this Court in revision. Against the foregoing background, Cr. MP No. 522 of 2012 has been moved by the petitioner for compounding the case. The proposed compromise, which is supported by affidavits of the parties, has also been filed as Cr. MP No. 523 of 2012.

(2.) IN view of compromise between the parties, which appears to be genuine and justified and is permissible under Section 147 of the Act, they are permitted to compound the offence. Consequently, the petitioner shall stand acquitted of the offence. However, it shall be subject to the petitioner depositing a sum of Rs. 3,000/ - (three thousand), being 15% of the cheque amount of Rs. 20,000/ - (twenty thousand) with H.P. High Court Legal Services Committee in terms of the mandate of the Hon'ble Supreme Court, which is stated to have already been deposited in the Registry, as per receipt shown in the Court, which is taken on record. It being so, the Registrar General of this Court shall take requisite steps to remit the deposited amount to the H.P. High Court Legal Services Committee along with a copy of this judgment, forthwith. The applications as also revision petition stand disposed of accordingly.