SANJIV TYAGI Vs. RAMEL SINGH & ANOTHER

JUDGEMENT

(1.) The instant petition is directed against the judgment of the learned Additional Sessions Judge-II, Una, District Una, Himachal Pradesh, rendered in Cr. Appeal RBT No. 48 of 2013 whereby he affirmed the judgment of the learnesd Judicial Magistrate, 1st Class, Court No.2, Amb, District Una, H.P. of 31.5.2013, passed in Criminal Complaint No. 146-I-09/47-II-2012, convicting and sentencing the accused/petitioner for his committing offences punishable under Section 138 of the Negotiable Instruments Act.

(2.) During the pendency of the revision petition, before this Court, respondent No.1/complainant in his statement recorded on oath, has, made a communication therein of his receiving today in the Court, from, the counsel of the petitioner/convict, a sum of Rs. 47,500/-. Also, he therein makes a disclosure, that in case a sum of Rs. 47,500/- deposited before the Learned Additional Sessions Judge-II, Una/ Judicial Magistrate, Amb, is ordered to be released in his favour, thereupon this Court proceed to allow the instant petition, also to record an order for composition of the apposite offences. The petitioner/accused under a statement rendered on oath, statement whereof is duly reduced into writing and signatured by him, accepts the afore rendered statement. In view of the statement of the respondent No.1/complainant, this Court is constrained to compound the offences arising out of dishonor of negotiable instrument. The accused is acquitted of the charges. However, the aforesaid order shall take effect only when the learned Additional Sessions-II, Una,/ Judicial Magistrate, Amb, on an application, moved before it, proceeds, to, in accordance with the statement of respondent No.1 and of the statement on oath rendered by the petitioner, statement(s) whereof are duly reduced into writing and signatured by them , hence orders for release of the apposite deposited amount(s). The deposited amount aforesaid is directed to be ordered to be remitted into the account of the respondent No.1/complainant against proper receipt and identification. However, given the petitioner herein belatedly concerting to seek composition of the offence constituted under Section 138 of the Negotiable Instruments Act, necessitates, fastening/levying upon the petitioner/accused, a, penalty quantified at 15% of the amount comprised in the dishonoured negotiable instrument.

(3.) Accordingly, this order shall take effect only upon the petitioner/accused, depositing, within two weeks from today, 15% of the cheque amount before the State Legal Services Authority. Given the statement of the complainant/respondent No.1 herein of the convict liquidating vis-à-vis him, the entire amount comprised in the dishonoured Negotiable Instrument thereupon, warrants if any issued by the Registry of this Court, for committing the accused/petitioner herein to judicial custody, be recalled and if issued be not executed. In view of the above directions the petition as well as all pending application(s), if any, are disposed of.