BALWANT Vs. KULDEEP KANWAR

JUDGEMENT

(1.) (Oral) - The instant petition stands instituted at the instance of the petitioner herein under Section 397 read with section 401 of the Code of Criminal Procedure, 1973 and is directed against the judgment of conviction recorded by the learned Additional Sessions Judge, Shimla in criminal Appeal No. 31-S/10 of 2015/14, whereby he affirmed the conviction recorded by the learned ACJM-2 Shimla, upon the accused/petitioner, for his committing an offence punishable under section 138 of the Negotiable Instruments Act besides, affirmed the imposition upon the petitioner/accused by the learned trial Court, of sentence of imprisonment for a term of one year besides his being liable to pay compensation comprised in a sum of Rs. 2,75,000/-.

(2.) During the pendency of the instant revision petition before this Court, the learned counsel appearing for the contesting parties, have hereat made a joint prayer qua this Court proceeding to record an order for compounding the offence constituted by the dishonour of negotiable instrument issued by the petitioner/accused in favour of the respondent-complainant. The learned counsel for the respondent/complainant, has made a statement without oath, of, the petitioner/convict liquidating the entire liabilities arising out of dishonour of negotiable instrument, vis -vis the respondent/complainant. He makes a prayer in his signatured statement, that in case a sum of Rs. 15,000/- deposited by the petitioner/convict before the Registry of this Court, is ordered to be released in favour of the respondent/complainant, thereupon this Court may proceed to record an order for compounding the offence arising out of dishonour of negotiable instrument. The aforesaid statement rendered by the learned counsel for the respondent is accepted under a signatured statement made by the learned counsel for the petitioner/convict. (i) thereupon this Court proceeds, to, record an order for compounding the offence arising out of dishonour of negotiable instrument.

(3.) Cumulatively, this Court is constrained, to order for composition of the offence arising from dishonour of negotiable instrument. In sequel, the revision petition is accepted. The judgments impugned before this Court are quashed and set aside. The accused/petitioner is acquitted of the charge framed against him. The Registry is directed to release a sum of Rs. 15,000/- deposited before it, by the petitioner/convict, in favour of the respondent/complainant. However, the aforesaid order shall take effect only on the petitioner/accused, depositing, within three weeks from today, 15% of the cheque amount, before the State Legal Services Authority. Revision Petition Allowed.