Ram Gopal vs Ved Ram

CrMP(M) No. 1178 of 2017

By way of instant application, prayer has been made for condonation of delay in filing the criminal revision. Learned counsel for the respondent states that he has instructions not to file reply to the application and he has no objections, in case delay in filing the revision is condoned.

Accordingly, for the reasons stated in the application, which is duly supported by an affidavit, delay in filing the revision is condoned. Application is allowed. Registry to register the criminal revision.

Cr. Revision No. of 2018

Being aggrieved and dissatisfied with the judgment dated 12.1.2015 passed by the learned Sessions Judge, Kullu, Himachal Pradesh in Criminal Appeal No. 13 of 2013 (381/2013) affirming judgment of conviction dated 10.1.2013 passed by the learned Chief Judicial Magistrate, Lahaul & Spiti at Kullu, in Complaint No. 502/1 of 2011, whereby, learned trial Court while holding petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced the accused to undergo simple imprisonment for a period of three months and to pay a fine of Rs.1,10,000/-, petitioner approached this Court by way of instant proceedings seeking therein his acquittal after setting aside judgment of conviction recorded by learned Courts below.

Necessary facts as emerge from record are that petitioneraccused borrowed a sum of Rs.1.00 Lakh from the complainant and with a view to discharge his liability, issued cheque No. 718004 dated 18.10.2010 for Rs.1.00 Lakh in favour of the complainant. However, the fact remains that the aforesaid cheque was dishonoured with the remarks, "insufficient funds". Since petitioner failed to make payment of amount despite there being time afforded by respondentcomplainant by way of legal notice, respondent was compelled to initiate proceedings under Section 138 of Negotiable Instruments Act against the petitioner-accused. Learned trial Court on the basis of material adduced on record by complainant, held petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act and convicted and sentenced him as per description given above.

Petitioner being aggrieved and dissatisfied with the judgment of conviction recorded by trial Court, preferred an appeal before the learned Sessions Judge, Kullu, who vide judgment dated 12.1.2015, dismissed the appeal, as a result of which, judgment of conviction recoded by learned trial Court came to be upheld. In the aforesaid background, present petitioner approached this Court in the instant proceedings, praying therein for his acquittal.

Today, during the proceedings of the case, learned counsel representing the parties, on the instruction of their respective clients, who are present in the Court, informed the Court that parties have amicably settled the matter and as such, present case can be ordered to be compounded in terms of titled as Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663.

This Court, solely with a view to ascertain the correctness and genuineness of the averments made by the learned counsel representing the parties, also recorded statements of the parties, who are present in the court. Both the parties stated on oath that they have compromised the matter of their own volition without there being any external pressure upon them. Respondent-complainant has also acknowledged the factum with respect to receipt of Rs.60,000/-. Their statements are taken record.

Consequently, in view of the aforesaid discussion as well as law laid down by the Hon'ble Apex Court (supra), judgments of conviction passed by learned courts below are set-aside and the petitioner-accused is acquitted of the charges framed against him. Bail bonds furnished by the petitioner are discharged. The petition is disposed of in aforesaid terms, alongwith pending applications, if any.