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High CourtsSingle Bench(2012) 01 SHI CK 0065

Hansa Devi vs Girish Gupta

High Court Of Himachal Pradesh · Decided on 9 January 2012

HON’BLE JUDGES
Kuldip Singh, J
CASE NUMBER
Criminal Revision No. 240 of 2011 and Cr. M.P. No. 8 of 2012

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Judgment

5 paragraphs · 345 words

Kuldip Singh, Judge

1.

The learned counsel for the parties have jointly stated that the parties have settled the dispute and have filed the application for compounding offence punishable u/s 138 of the Negotiable Instruments Act, 1881 (for short "Act"). It has been stated that the application has been signed by both the parties and their counsel. The application is supported by the affidavits of both the parties. I have gone through the application. Prayer has been made in the application that conviction and sentence imposed by the trial Court and affirmed by the lower Appellate Court may be set-aside.

2.

The parties have settled the dispute. I am satisfied that the parties have amicably entered into compromise and settled the dispute. The learned counsel for the applicant Hansa Devi has stated that Hansa Devi has deposited 15% of the cheque amount Rs. 18,000/- i.e. Rs. 2,700/-. The opposite party has no objection in case the sentence imposed by the trial Court and affirmed by the lower Appellate Court is set-aside. The learned counsel for Hansa Devi has stated that compensation amount of Rs. 20,000/- imposed has already been deposited in the trial Court and Hansa Devi has no objection in case this amount is released in favour of opposite party Girish Gupta.

3.

The application is allowed. The parties are allowed to compound the offence punishable u/s 138 of the Act. The sentence imposed by the trial Court u/s 138 of the Act and affirmed by Appellate Court is set-aside and the applicant Hansa Devi is acquitted of the accusation.

4.

The amount of Rs. 20,000/- deposited by the applicant Hansa Devi in the trial Court shall be released to the opposite party i.e. Girish Gupta by filing an application alongwith interest, if any. The amount of Rs. 2,700/- which has been deposited by Hansa Devi shall be remitted in the H.P. High Court Legal Services Committee account in terms of Damodar S. Prabhu Vs. Sayed Babalal H., . The petition is disposed of on above terms, so also the pending application(s) if any.