ROSHAN LAL TOMAR Vs. SATISH CHANDER SHARMA

JUDGEMENT

(1.) The instant petition stands, directed against the judgment of the learned Additional Sessions Judge (II), Shimla, rendered in Cr. Appeal No. RBT No. 176-S/10 of 14/13 whereby he affirmed the judgment of the learned Judicial Magistrate, Court No.3, Shimla H.P. convicting and sentencing the accused/petitioner, for his committing an offence punishable under Sec. 138 of the Negotiable Instruments Act.

(2.) During the pendency of the revision petition before this Court, the respondent/complainant, has, in his statement on oath duly reduced into writing and signatured by him, made a disclosure, qua his receiving a sum of Rs.50,000.00 in cash from the petitioner/accused. He has also in his statement, made a disclosure, that in case this Court orders for a sum of Rs.25,000.00 lying deposited before the learned trial Court being ordered to be released in his favour, he holds no objection if this Court proceeds to accept the instant criminal revision. Moreover, he has also stated on oath, that thereupon the revisionist/accused be acquitted of the charge.

(3.) Consequently, accepting the statement on oath of the respondent/complainant, the offence constituted by the dishonour of Negotiable Instrument, is ordered to be compounded. In sequel, the revision petition is accepted and the impugned judgment is quashed and set-aside. The revisionist/accused stands acquitted of the charge. As stated by the petitioner a sum of Rs.25,000.00 lying deposited before the learned trial Court be ordered by the learned trial Court to be released in favour of the respondent. However, given the petitioner herein belatedly concerting to seek composition of the offence constituted under Sec. 138 of the Negotiable Instruments Act necessitates fastening/levying by this Court upon the petitioner/accused, a penalty quantified at 15% of the amount comprised in the dishonoured negotiable instrument. Accordingly, this order shall take effect only on the petitioner/accused depositing within two weeks from today 15% of the cheque amount before the State Legal Services Authority.