PREM VERMA, GOVT. CONTRACTOR, SON OF LATE SH. DILE RAM, R/O VILLAGE SHISHAMATI, P.O. DHALPUR, TEHSIL AND DISTRICT KULLU, H.P. Vs. HARVINDER SINGH, SON OF SH. HAMIR CHAND, R/O VILLAGE DASHAL, P.O. HARIPUR, TEHSIL AND DISTRICT KULLU, H.P.

JUDGEMENT

(1.) This is an application under Section 482 Cr.P.C. read with Section 147 of the Negotiable Instruments Act, 1881, ( for short, 'the Act) for compounding the offence. The application is supported by an affidavit of the petitioner. The petitioner has annexed copy of compromise dated 12.03.2012 Annexure A -1 between the parties. The Learned Counsel for the petitioner has submitted that petitioner has deposited a draft of Rs.18,000/ - in the Registry which is 15% amount of the cheque amounting to 1,20,000/ -. It has been stated by Learned Counsel for the petitioner that petitioner was convicted on 30.04.2010 by learned Judicial Magistrate Ist Class, Manali, in Criminal Case No. 305 -1/07: 80 -III/09 under Section 138 of the Act. The petitioner was sentenced to undergo simple imprisonment for six months and he was further directed to pay compensation of Rs. 1,50,000/ -. The appeal filed by the petitioner was dismissed by learned Sessions Judge, Kullu, on 30.06.2011 in Criminal Appeal No. 8/2010.

(2.) THE Learned Counsel for the parties have jointly stated that the matter has been settled between the parties and both the parties have prayed for compounding the offence. The Learned Counsel for the petitioner has stated that after order dated 30.04.2010, the petitioner has deposited Rs. 50,000/ - in the Court of learned Judicial Magistrate Ist Class, Manali, and he has also paid Rs. 1,00,000/ - in cash to the respondent -complainant. This has been recorded in compromise dated 12.03.2012 Annexure A -1. This has not been denied by Learned Counsel for the respondent. In view of the fact that the matter has been settled between the parties amicably, therefore, the case is allowed to be compounded. The petitioner is acquitted of the accusation and the judgment dated 30.04.2010 passed by learned Judicial Magistrate Ist Class, Manali in Criminal Case No. 305 -1/07: 80 -III/09 under Section 138 of the Act and affirmed by learned Sessions Judge, Kullu vide judgment dated 30.06.2011 in Criminal Appeal No. 8/2010 are set aside. The amount of Rs. 50,000/ - deposited by the petitioner in the Court of learned Judicial Magistrate Ist Class, Manali, shall be released in favour of respondent on his filing appropriate application. The 15% amount deposited by the petitioner in the Registry of this Court shall be remitted in the H.P. High Court Legal Services Committee account in view of Damodar S. Prabhu Versus Sayed Babalal H.