Himachal Pradesh High CourtSh. Vikas Arora vs Sh. Naveen Arora on 23 November, 2022Author:Ajay Mohan GoelBench:Ajay Mohan GoelIN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA\n\n                                                    Cr. Revision No. : 453 of 2019\n                                                    Decided on                  : 23.11.2022\n\n\n\n\n                                                                                .\n\n    Sh. Vikas Arora                                                             ....Petitioner.\n\n                  Versus\n\n\n\n\n\n    Sh. Naveen Arora                                                            ...Respondent.\n    Coram\n    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.\n\n\n\n\n\n    Whether approved for reporting?1\n    For the petitioner             :        Mr. Parikshit, Advocate vice Mr. Vipin\n                          r                 Pandit, Advocate.\n\n    For the respondent             :        Mr. Dalip K. Sharma, Advocate.\n\n    Ajay Mohan Goel, Judge (Oral)Cr.Rev. No. 453 of 2019 & Cr.M.P. No. 897 of2022By way of this revision petition, the petitioner has\n\n\n\n\n    assailed the judgment passed by the Court of learned Additional\n\n    Chief Judicial Magistrate, Court No. 1, Kasauli, District Solan,\n\n\n\n\n\n    H.P., in case No. 37-3 of 2016, titled asNaveen Arora vs. Vikas\n\n\n\n\n\n    Arora, which criminal case stood disposed of by learned Trial\n\n    Court by convicting and sentencing the present petitioner, vide\n\n    judgment/order of sentence dated 24.04.2019/07.05.2019, to\n\n    undergo simple imprisonment for a period of six months and to\n\n    pay   compensation            to    the     tune      of     Rs.1,80,000/-            to     the\n\n\n    1     Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 23/11/2022 20:33:49 :::CIS2complainant, as well as the judgment passed in appeal by the\n\n    Court   of   learned      Sessions      Judge,     Solan,       District       Solan,\n\n\n\n\n                                                                       .Himachal Pradesh. i.e. Criminal Appeal No. 29-S/10 of 2019,\n\n\n\n\n\n    titled asShri Vikas Arora vs. Shri Naveen Arora, dated\n\n\n\n\n\n    21.09.2019, vide which, the judgment passed by learned Trial\n\n    Court was upheld by the learned Appellate Court and the appeal\n\n    filed by the present petitioner against the judgment passed by\n\n\n\n\n\n    learned Trial Court was dismissed.2.           When this case was listed before the Court on\n\n    14.11.2022, the following order was passed:-"Criminal Revision No. 453 of 2019 has been filed by the\n                 petitioner feeling aggrieved by the judgment and order dated\n\n\n                 24.04.2019/07.05.2019, passed by the Court of learned Additional\n                 Chief Judicial Magistrate, Kasauli, District Solan, H.P. in\n                 Complaint No. 37/03 of 2016, titled asNaveen Arora Vs. Vikas\n\n\n\n\n                 Arora, as affirmed by the Court of learned Sessions Judge, Solan,\n\n\n\n\n\n                 H.P. vide judgment dated 21.09.2019, passed in Criminal Appeal\n                 No. 29- S/10 of 2019, in terms whereof, the petitioner has been\n\n\n\n\n\n                 convicted for commission of offence punishable underSection 138of the Negotiable Instruments Act, 1881.Similarly, Criminal Revision No. 454 of 2019 has been filed\n                 by the petitioner feeling aggrieved by the judgment and order dated\n                 25.04.2019/07.05.2019, passed by the Court of learned Additional\n                 Chief Judicial Magistrate, Kasauli, District Solan, H.P. in\n                 Complaint No. 36/03 of 2016, titled asNaveen Arora Vs. Vikas\n                 Arora, as affirmed by the Court of learned Sessions Judge, Solan,\n                 H.P. vide judgment dated 21.09.2019, passed in Criminal Appeal\n                 No. 28-S/10 of 2019, in terms whereof, the petitioner has been::: Downloaded on - 23/11/2022 20:33:49 :::CIS3convicted for commission of offence punishable underSection 138of the Negotiable Instruments Act, 1881.Mr. Vipin Pandit, learned counsel for the petitioner(s)\n\n\n\n\n                                                                      .submits that as the compensation amount has been deposited by the\n\n\n\n\n\n              petitioner in both the cases, therefore, it will be in the interest of\n              justice in case the prayer of the petitioner for compounding of the\n\n\n\n\n\n              offence is considered sympathetically and the amount which has\n              been deposited by the petitioner, is ordered to be released in favour\n              of the respondent.Mr. Dalip K. Sharma, learned counsel appearing for the\n              respondent submits that in view of the statement which was made in\n              the open Court by the respondent on the last date of hearing, i.e.,\n\n              on 14th October, 2022, he has no objection if the Court considers\n\n              sympathetically the prayer of the petitioner for compounding of the\n              offence, provided the amount which has been deposited by the\n              petitioner is ordered to be released in favour of the respondent.Taking into consideration the respective contentions of\n              learned counsel for the parties, the cases are ordered to be listed\n              on 23rd November, 2022, on which date, the prayer of the\n\n\n\n\n              petitioner for compounding of the offence shall be considered,\n\n\n\n\n\n              subject to his depositing Rs.5000/- as compounding fee, in each\n              case before the Himachal Pradesh State Legal Services Authority.\n              In the meanwhile, the amount which has been deposited by the\n\n\n\n\n\n              petitioner is ordered to be released in favour of the respondent,\n              with up-to-date interest, in his bank account, details whereof shall\n              be provided by learned counsel for the respondent with the\n              Registry, where the money is lying deposit"3.        Learned Counsel for the petitioner has moved an\n\n    application for compounding of the offence. He stated that the\n\n    amount of Rs.5000/- as compounding fee in terms of the::: Downloaded on - 23/11/2022 20:33:49 :::CIS4directions passed by this Court vide order dated 14.11.2022,\n\n    stands deposited by the petitioner with State Legal Services\n\n\n\n\n                                                              .Authority Shimla.4.         Learned Counsel for the petitioner submits that in\n\n\n\n\n\n    view of said development, it will be in the interest of justice, in\n\n    case, this Court exercises its power of compounding the offence\n\n    in terms of the judgment of Hon'ble Supreme Court of India inDamodar S. Prabhu vs. Sayed Babalal H.(2010) 5 Supreme\n\n    Court Cases 663.5.         Having heard learned Counsel for the petitioner and\n\n    taking into consideration the fact that the matter, which led to\n\n    filing of the criminal case underSection 138of the Negotiable\n\n\n\n    Instruments Act, now stands settled between the parties and as\n\n\n\n\n    per directions of the Court, the amount in terms of the\n\n    directions passed by the Court as compounding fee already\n\n\n\n\n\n    stand deposited with HP State Legal Services Authority, Shimla,\n\n\n\n\n\n    this Court orders the compounding of the offence in question. As\n\n    a consequence, the judgment as well as order of sentence passed\n\n    by learned Additional Chief Judicial Magistrate, Court No.1,\n\n    Kasauli, H.P., in case No. 37-3 of 2016, titled as Sh. Naveen\n\n    Arora vs. Sh. Vikas Arora, dated 24.04.2019/07.05.2019, as\n\n    also the judgment passed in appeal by learned Sessions Judge,\n\n    Solan, District Solan, H.P. dated 21.09.2019, in Criminal Appeal::: Downloaded on - 23/11/2022 20:33:49 :::CIS5No. 29-S/10 of 2019, titled as Sh.Vikas Arora vs.Sh.Naveen\n\n    Arora, affirming the judgment of conviction and order of\n\n\n\n\n                                                                     .sentence passed by learned Trial Court, are ordered to be set\n\n\n\n\n\n    aside.6.                The   petition   as   well   as   application         filed     for\n\n    compounding of the offence stand disposed of in above terms, so\n\n    also any other pending miscellaneous application(s), if any.(Ajay Mohan Goel)\n                                                                   Judge\n    November 23, 2022\n         (narender)::: Downloaded on - 23/11/2022 20:33:49 :::CIS