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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Daleep Kumar – Appellant
Versus
Shri Ram Transport Finance Company Ltd. – Respondent
JUDGMENT :
Virender Singh, J.
1. Petitioner-Daleep Kumar has filed the present Criminal Revision Petition against the judgment dated 03.09.2024, passed by the learned Sessions Judge, Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No. 66-S/10 of 2024, titled as Daleep Kumar Vs. Shri Ram Transport Finance Company Ltd.
2. By way of judgment dated 03.09.2024, the learned Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction dated 30.04.2024 and order of sentence dated 20.05.2024, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Shimla, District Shimla, H.P., (hereinafter referred to as the ‘trial Court’) in Case No. 70-3 of 2016, titled as Shri Ram Transport Finance Company Ltd. Vs. Daleep Kumar.
3. Vide judgment of conviction dated 30.04.2024 and order of sentence dated 20.05.2024, the learned trial Court has convicted the petitioner, for the offence, punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment, for a period of six months and to pay a compensation of Rs.10,00,000/-
Amicable settlement between parties allows for compounding of offences under Section 147 of the Negotiable Instruments Act, subject to payment of a compounding fee.
Settlement between parties allows for compounding of offences under Section 147 of the NI Act, leading to acquittal.
The court permitted the compounding of an offence under Section 138 of the NI Act following an amicable settlement between the parties, emphasizing the procedural requirements for such compounding.
The offence under Section 138 of the Negotiable Instruments Act can be compounded post-conviction if the parties reach a settlement, subject to the payment of a compounding fee.
Amicable settlement between parties allows for compounding of offences under the Negotiable Instruments Act, leading to the setting aside of conviction.
The court permitted the compounding of an offence under Section 138 of the NI Act after the parties settled the dispute, emphasizing the role of mutual agreement in such cases.
The court allowed the compounding of an offence under Section 138 of the NI Act based on a settlement between the parties, emphasizing the significance of amicable resolutions.
The court allowed the compounding of an offence under Section 138 of the NI Act, quashing the conviction upon settlement between the parties.
The court allowed the compounding of an offence under Section 138 of the Negotiable Instruments Act after the parties settled the matter, emphasizing the importance of amicable resolution.
The court allowed the compounding of an offence under Section 138 of the NI Act after the parties reached a settlement, emphasizing the importance of amicable resolutions.
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