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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Roop Lal – Appellant
Versus
Himachal Pradesh Gramin Bank – Respondent
JUDGMENT :
Virender Singh, J.
1. Petitioner-Roop Lal has filed the present Criminal Revision Petition against the judgment dated 25.08.2022, passed by the learned Sessions Judge, Bilaspur, District Bilaspur, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No. 10/10 of 2020, titled as Roop Lal Vs. Himachal Pradesh Gramin Bank.
2. By way of judgment dated 25.08.2022, the learned First Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 26.02.2020, passed by the Court of learned Chief Judicial Magistrate, Bilaspur, District Bilaspur, H.P. (hereinafter called as the ‘trial Court’), in Case Nos. 102/3 of 2015, 606/2015, titled as Himachal Pradesh Gramin Bank Vs. Roop Lal.
3. Vide judgment of conviction and order of sentence dated 26.02.2020, 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 year and to pay a compensation of Rs.20,06,724/- to the complainant.
4. After dismissal of the appea
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.
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 offence under Section 138 of the NI Act can be compounded if the parties reach a settlement and the compensation is fully paid.
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.
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 Section 147 of the Negotiable Instruments Act, subject to payment of a compounding fee.
The court allows compounding of an offence under Section 138 of the NI Act after the parties settle their dispute, provided the compounding fee is deposited as directed.
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