HARISH Vs. CHAMAN SHARMA

JUDGEMENT

(1.) Present Revision Petition has been filed assailing judgment dated 6.6.2019, passed by learned Additional Sessions Judge, Sirmour, District Nahan, H.P. (Camp at Paonta Sahib), in Cr. Appeal No. 85-N/10 of 2018, whereby judgment/order dated 28.9.2018/29.9.2018, passed by learned Judicial Magistrate, 1st Class Court No. (2), Paonta Sahib, District Sirmour, H.P., in Criminal Complaint No. 405/3 of 2017, convicting and sentencing the petitioner-accused to undergo simple imprisonment for one year and to pay compensation of Rs. 15,00,000/-, to the complainant, has been affirmed.

(2.) Petitioner Harish and complainant-respondent Chaman Sharma are present in person, who have been identified by their learned counsel. Their statements have been separately recorded on oath and placed on the file.

(3.) Petitioner/accused Harish, in his statement recorded on oath, has stated that he is an accused in present case and matter has been settled with complainant Chaman Sharma and as per settlement, which has also been brought on record by way of an application being Cr.MP No. 2249 of 2019, he has to pay Rs. 14,50,000 to complainant Chaman Sharma and that Rs. 9,00,000/- has been paid by him in November, 2019 and thereafter he has also paid Rs. 1,00,000/- to complainant Chaman Sharma and today an amount of Rs. 3,50,000 has been transferred in the account of respondent/complainant and now balance amount of Rs. 1,00,000/- is to be paid to him. He has further stated that he has deposited a sum of Rs. 1,50,000/- in the Registry of this Court and as per compromise it was agreed that he was to pay Rs. 3,00,000/- on or before 10th December, 2019 and Rs. 1,50,000/- deposited in the Registry was to be released in favour of complainant Chaman Sharma, however, as he has transferred Rs. 3,50,000/-, instead of Rs. 3,00,000/- in the account of respondent/complainant, now out of Rs. 1,50,000/- deposited by him in the Registry, Rs. 1,00,000/- is to be released in favour of respondent/complainant Chaman Sharma and Rs. 50,000/- is to be refunded to him by remitting the same to his bank account. He has further stated that in present case, amount was received by his father and for payment thereof cheque was issued by him and due to financial constraint, he could not manage to pay the same to respondent/complainant and now somehow he has managed payment of amount and, therefore, keeping in view his financial condition, he may be exempted from paying compounding fee. He has also stated that he has deposed in this Court today out of his free will, consent and without any external pressure, coercion or threat of any kind.