LAWS(HPH)-2023-5-27

LAL DEEN Vs. MANOJ KUMAR

Decided On May 08, 2023
Lal Deen Appellant
V/S
MANOJ KUMAR Respondents

JUDGEMENT

(1.) The petitioner was convicted by the learned Judicial Magistrate First Class Tissa, District Chamba, H.P. on 5/4/2022 for having committed offence punishable under Sec. 138 of Negotiable Instruments Act (the Act in short). He was sentenced to undergo simple imprisonment for a period of one year and to pay compensation of Rs.2,15,000.00 to the complainant. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge, Chamba, Division Chamba, H.P. vide judgment dtd. 1/10/2022. These judgments and sentence order have been assailed by the petitioner in the instant criminal revision.

(2.) Learned counsel for the petitioner submitted that the petitioner has deposited Rs.86,000.00 before the learned Trial Court. Learned counsel further submitted that the remaining amount of Rs.1,29,000.00 in cash has been handed over to the respondent/complainant today (8/5/2023) before this Court. Learned counsel also submitted that the petitioner has no objection, in case, the amount deposited by him before the learned Trial Court, is ordered to be released in favour of the respondent-Manoj Kumar and accordingly, prays for compounding the offence and setting aside the judgments and order of sentence in question.

(3.) It is well settled that the offences under the provisions of Negotiable Instruments Act are compoundable even after the conviction of the accused. Since the parties have settled the matter amongst themselves, therefore, prayer of the petitioner for compounding the offence and for setting aside the judgments of conviction and order of sentence can be allowed. Ordered accordingly.