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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Virender Singh, J
Sunil Kumar – Appellant
Versus
Ved Prakash – Respondent
| Table of Content |
|---|
| 1. compromise between parties (Para 5) |
| 2. statements of both parties (Para 6) |
| 3. complainant's statement on oath (Para 7 , 8) |
| 4. petitioner's request for acquittal (Para 9 , 11) |
| 5. indigent circumstances (Para 10) |
| 6. considering the statement of parties (Para 12) |
| 7. judgment of conviction set aside (Para 13) |
| 8. deposit of compounding fee (Para 14) |
| 9. consequences of non-deposit (Para 15) |
| 10. pending applications disposed (Para 16) |
JUDGMENT :
1. Petitioner-Sunil Kumar has filed the present Criminal Revision Petition against the judgment dated 19.03.2022, passed by the learned Additional Sessions Judge-II, Solan, District Solan, H.P. (hereinafter referred to as the ‘First Appellate Court’) in Criminal Appeal No. 31ASJ-II/10 of 2020, titled as Sunil Kumar Vs. Ved Prakash.
3. Vide judgment of conviction dated 21.03.2020 and order of sentence dated 03.10.2020, 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 one month and 15 days and to pay a fine of Rs.1,60,000/- to the complainant.
5. Now, th
Compromise between parties in a Section 138 NI Act case allows for quashing of conviction, provided conditions for compounding are met.
The court allowed the compounding of an offence under Section 138 of the Negotiable Instruments Act due to a compromise between the parties, resulting in the acquittal of the petitioner.
The court upheld the principle that a settled dispute between parties can lead to the compounding of an offence under Section 138 of the NI Act, allowing for the quashing of conviction.
The offence under Section 138 of the NI Act can be compounded if the parties reach a settlement and the compensation is fully paid.
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.
Amicable settlement between parties allows for compounding of offences under the Negotiable Instruments Act, leading to the setting aside of conviction.
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 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.
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.
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