. IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA [CASE NUMBER] Date of Decision 1st October, 2019 [ENTITY] Petitioner Versus [ENTITY] Respondent Coram The Hon'ble Mr. Justice [ENTITY], J. Whether approved for reporting?1 For the Petitioner: Mr. [ENTITY], Advocate Petitioner/accused [ENTITY] also present in person. For the Respondent: Mr.[ENTITY], Advocate. Complainant/respondent [ENTITY] also in person. [ENTITY], J.(oral)
Present revision petition has been filed assailing judgment dated 24.8.2017, passed by learned Additional Sessions Judge-II, Shimla, District Shimla H.P., in [CASE NUMBER], whereby judgment and order of conviction and sentence dated 1.3.2016 passed by learned Additional Chief Whether Reporters of Local Papers may be allowed to see the judgment? Yes Judicial Magistrate, Court No.2, Shimla, in [CASE NUMBER] convicting and sentencing the petitioner/accused to .
undergo simple imprisonment for a period of three months and to pay compensation of Rs.2,60,000/- to the complainant has been affirmed.
2 Accused/petitioner [ENTITY] and complainant/respondent [ENTITY] are present in person, who have been identified by their learned counsel. Their statements, on oath, have been recorded and placed on the file.
3. Petitioner [ENTITY] has stated that matter has been amicably settled with complainant/respondent [ENTITY] and accordingly, he has agreed for withdrawal of complaint filed by him for compounding the case and as per compromise, he has paid Rs.20,000/- today to respondent [ENTITY] and second installment of Rs.80,000/- shall be paid by him to respondent on or before 31 st December, 2019 and last and final payment of balance amount of Rs.1,60,000/- shall be made by him on or before 31 st March, 2020 and in case of default, the judgment of conviction passed against him by the trial Court and affirmed by the Appellate Court, impugned in this petition, shall revive. He also undertakes to deposit the compounding fee of Rs.10,000/- on or before 30th November, 2019 with the H.P. State Legal Services Authority. He has also stated that he has entered into the compromise and deposed in the Court out of his free will, .
consent and without any fear, threat, pressure or coercion.
4 Separate statement of respondent/complainant, has also been recorded, whereby he has endorsed the statement made by accused and compromise arrived at between the parties and further stated that he has received Rs.20,000/- in Court from the petitioner and he has also agreed for accepting the remaining amount in installments as stated by petitioner/accused. He has stated that he has compromised the matter and deposed in Court today out of his free will, consent and without any fear, threat, pressure or coercion.
5. Consequently, respondent/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonour of cheque under [SECTION] of [ACT] is treated to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside. Petitioner/accused is acquitted of the accusation framed against him.
6. Petitioner has also prayed for imposing the lesser amount of compounding fee instead of 15% of cheque amount on the ground that he is a poor person and he is not in a position to deposit the 15% of cheque amount as compounding fee. It is submitted by counsel for the petitioner that considering the ratio .
of law laid down by the Apex Court in [PRECEDENT], the Apex Court in [PRECEDENT] has held that Court may reduce compounding fee for given facts and circumstances of a particular case and present case is a fit case of exemption of compounding fee.
7. In r present case, the cheque amount was of Rs.2,00,000/-but the matter has been compounded. As the petitioner/accused has paid Rs.20,000/- to the complainant today and he undertakes to pay the remaining amount in installments i.e. Rs.80,000/- on or before 31st December, 2019 and Rs.1,60,000/- on or before 31 st March, 2020 and in case of default, the judgment of conviction passed against him by trial Court and affirmed by the Appellate Court, impugned in this petition, shall revive and has prayed for imposing lesser compounding fee instead of 15% of the cheque amount, I am of the opinion that it is an appropriate case to impose lesser compounding fee. Therefore, petitioner is directed to deposit compounding fee of Rs.10,000/- instead of 15% of cheque amount, with the H.P. State Legal Services Authority, Shimla on or before 30th November, 2019.
8. After depositing compounding fee/cost, petitioner shall place copy of receipt of deposit on record of this petition. In case of default in depositing compounding fee/cost with H.P. State Legal Services Authority, Shimla within stipulated period, the judgments of conviction and sentence shall automatically revive.
9. Petition stands disposed of, in the aforesaid terms, so also the pending application(s), if any. Copy of this judgment be also sent to H.P. State Lagal Services Authority, Shimla.
October 01, 2019 ([ENTITY]), ms Judge