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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Rajesh Gazta – Appellant
Versus
Devi Ram – Respondent
JUDGMENT :
(Virender Singh, J.)
Petitioner-Rajesh Gazta Singh has filed the present Criminal Revision Petition against the judgment dated 02.04.2024, passed by the learned Additional Sessions Judge- II, Shimla, District Shimla, H.P., (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.52-S/10 of 2022, titled as ‘Rajesh Gazta versus Devi Ram’.
2. By way of judgment dated 02.04.2024, the learned First Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 01.08.2022, passed by the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P. (hereinafter called as the ‘trial Court’), in Criminal Case No.31/3 of 2019, titled as ‘Devi Ram versus Rajesh Gazta’.
3. Vide judgment of conviction and order of sentence dated 01.08.2022, the learned trial Court has convicted the petitioner, for the offence, punishable under Section 138 of the Negotiable Instruments Act, 1881 (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.4,00,000/- to the complainant.
4. After dismissal of th
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 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 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.
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 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.
Settlement between parties allows for compounding of offences under Section 147 of the NI Act, leading to acquittal.
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.
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.
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.
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