LAWS(HPH)-2023-5-74

RAMESH HETTA Vs. PRITAM SINGH

Decided On May 29, 2023
Ramesh Hetta Appellant
V/S
PRITAM SINGH Respondents

JUDGEMENT

(1.) For the reasons stated in the application, the application is allowed. The delay in filing the revision petition is condoned.

(2.) The petitioner was convicted by the learned Additional Chief Judicial Magistrate Theog, District Shimla, Shimla, H.P. on 25/5/2022 for having committed the offence punishable under Sec. 138 of Negotiable Instruments Act (the Act in short) and sentenced to undergo simple imprisonment for a period of three months and to pay compensation of Rs.2,40,000.00 to the respondent-complainant. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge (Forest), Shimla, H.P. vide judgment dtd. 4/1/2023. These judgments and sentence order have been assailed by the petitioner in the instant criminal revision and prayer has been made to compound the offence.

(3.) Learned counsel for the petitioner submitted that the petitioner has deposited Rs.40,000.00 before the learned Trial Court . Learned counsel further submitted that the remaining amount of Rs.2,00,000.00 has already been paid to the respondent-complainant. Learned counsel also submitted that the petitioner has no objection, in case, the amount deposited by the petitioner before the learned Trial Court is ordered to be released in favour of the respondent-complainant and accordingly, prays for compounding the offence and setting aside the judgments and order of sentence in question.