RAJEEV KUMAR Vs. GUPT RAM

JUDGEMENT

(1.) Present Revision Petition has been filed assailing judgment dated 3.1.2019, passed by learned Sessions Judge Kullu, H.P. in Cr. Appeal No. 11 of 2018, whereby judgment and order dated 31.3.2018/2.4.2018 passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, in Criminal Complaint No. 000016/2016//2- III/2017, under Section 138 of Negotiable Instruments Act, convicting and sentencing the petitioner-accused to undergo simple imprisonment for six months and to pay compensation of Rs.2,10,000/-, to the complainant, has been affirmed.

(2.) Respondent No. 1/complainant, who was present in person in the Court on 10.9.2019, in his statement recorded on oath, had stated that in case of deposit of entire amount of compensation by the accused/petitioner in the Court or making payment thereof to him, he would not be interested in continuing the criminal proceedings, rather, he would be agreed for compounding the case and for that purpose, he would be praying for permitting him to withdraw the complaint, subject to release of amount in his favour by remitting the same in his Bank Account No. 385000100040266, Punjab National Bank, Jagatsukh. He had further stated that he had deposed out of his free will and consent and without any fear, threat, coercion or pressure.

(3.) Petitioner/Accused is present in the Court today and his statement has been recorded on oath, wherein he has endorsed the amicable settlement and has deposed that he has deposited the entire compensation amount in the trial Court i.e. Court of Judicial Magistrate 1st Class, Manali and the matter has been amicably settled with the respondent/complainant, who has agreed for compounding the case, subject to release of compensation amount in his favour and therefore, he has no objection for release of amount in favour of respondent No. 1/complainant deposited by him in the trial Court. He has further deposed that his financial condition is not good, therefore, compounding fee may kindly be reduced in the interest of justice, as he is not able to pay 15% of cheque amount as compounding fee. He has stated that his deposition in the Court is out of his free will, consent and without any external pressure, coercion or threat of any kind.