SOHAN LAL Vs. INDIRA DEVI

JUDGEMENT

(1.) The present application, under section 482 of the Code of Criminal Procedure, 1973 read with section 147 of the Negotiable Instruments Act, has been maintained by the applicant/petitioner/accused, for recalling judgment, dated 16.04.2018, passed by this Court in Cr. Revision No. 76 of 2017, whereby judgments and order of conviction passed by learned Courts below, have been upheld.

(2.) Briefly stating facts giving rise to the present application are that during Jan., 2014, applicant/accused (hereinafter to be called as "the accused") borrowed Rs. 1,00,000.00 (Rupees one lac) from respondent No. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 1/complainant (hereinafter to be called as "the complainant") for his domestic needs and for discharging his liabilities. The said sum was to be returned within a reasonable time, however the accused did not return the same, and ultimately he issued cheque, dated 17.08.2014 in favour of the complainant. When the said cheque was presented for encashment by the complainant in Himachal Pradesh Gramin Bank, the same was dishonoured for want of sufficient funds. Accordingly, the complainant issued legal notice, dated 17.11.2014 against the accused, but the accused did not respond to the same. Thus, the complainant filed a complaint in the learned trial Court, in which, the accused was found guilty, under section 138 of the Negotiable Instruments Act (hereinafter to be called as "the Act") and he was convicted and sentenced to undergo simple imprisonment for a period of six months and to pay compensation of Rs. 1,00,000.00 (Rupees one lac) and in default of payment of fine, he was further ordered to undergo simple imprisonment for a month. The accused challenged the said judgment and order of conviction before the learned Lower Appellate Court, but the same was dismissed and the judgment of learned trial Court was upheld. Thereafter, the accused approached this Court by way of Criminal Revision No. 76 of 2017, which was also dismissed and the judgment and order of conviction passed by the learned trial Court and upheld by the learned Lower Appellate Court was affirmed. Hence the present application.

(3.) Ms. Leena Guleria, Advocate for the applicant has argued that as the amount in question has been paid to the complainant and the complainant has compromised the matter with the applicant as per the provisions of section 147 of Negotiable Instruments Act, vide Annexure A-2, the offence be compounded and the applicant be acquitted of the offence he was convicted. In support of her contentions, learned counsel for the applicant has placed strong reliance upon the judgment rendered by a Coordinate Bench of this Court in Gulab Singh Vs. Vidya Sagar Sharma's case, i.e. Cr. MP No. 1198 of 2017 in Cr. Revision No. 394 of 2015, whereby judgments of Honourable Apex Court, as well as Honourable Rajasthan and Gujarat High Courts are relied upon. The relevant extract of the judgment is as under: