Cr. Revision No. 175 of 2012. Case: Sh. Ashok Varmani Vs State of Himachal Pradesh and Sh. Om Prakash. Himachal Pradesh High Court
| Case Number | Cr. Revision No. 175 of 2012 |
| Counsel | For Appellant: Mr. Dushyant Dadwal, Adv. and For Respondents: Mr. Ram Murti Bisht, Dy. Advocate General State and Mr. Adarsh K. Vashishta, Adv. |
| Judges | Sanjay Karol, J. |
| Issue | Negotiable Instruments Act, 1881 - Section 138 |
| Judgement Date | November 15, 2012 |
| Court | Himachal Pradesh High Court |
Judgment:
Sanjay Karol, J., (At Shimla)
-
It is heartening to note that with the intervention of learned Counsel, parties have arrived at an amicable settlement. Learned counsel for the parties jointly submit that parties have arrived at a compromise in terms of the guidelines laid down by the Apex Court in Damodar S. Prabhu versus Sayed Babalal H. (2010) 5 SCC 663.
-
Petitioner Sh. Ashok Varmani has agreed to pay a sum of ` 4,25,000/- (rupees four lakhs and twenty-five thousand) to Sh. Om Prakash (respondent No. 2) towards full and final settlement of all claims arising out of all transactions, inter se, between the parties which are subject matter of the present case and the judgment dated 31.7.2010 passed by Judicial Magistrate Ist Class, Court No. I, Palampur, Distt. Kangra, H.P. in Criminal Complaint No. 242-III/2009 whereby the petitioner has been convicted for having committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for a period of six months and also awarded compensation of ` 4,25,000/- to be paid to the complainant by the convict and in case of default of payment of compensation amount to further undergo simple imprisonment for three months. The said judgment, in Crl. RBT Appeal No. 50-P/X/2010 filed by the petitioner, stands affirmed by the court of Addl. Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P. vide judgment dated 9.7.2012.
-
In view of the developments which have taken place during the pendency of the present petition, as the parties have compromised the matter the offence is compounded. The judgment of conviction and sentence passed by the Courts below are consequently set aside.
-
As per separate statement of the petitioner recorded in Court today, he undertakes to pay a sum of `4,25,000/-...
To continue reading
Request your trial