9911796707
TMI Blog2022 (6) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... , Shimla whereby petitioner has been convicted and sentenced to undergo simple imprisonment for six months and to pay compensation of Rs.5,00,000/- (Rupees five lacs only) to complainant in RBT Case No. 230-3 of 2014 titled Lalit Kumar vs. Rakesh Kumar. 2. Accused/petitioner Rakesh Kumar and complainant/respondent Lalit Kumar are present in person, who have been identified by their learned counsel. Their statements, on oath, have been recorded and placed on the file. 3. Respondent Lalit Kumar, in his statement recorded on oath, has stated that petitioner/accused has been convicted in the complaint filed by him under Section 138 of Negotiable Instruments Act by the trial Court, but now matter has been amicably settled between them and same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Kumar, in their respective statements, have stated that they have compromised the matter and deposed in Court out of their free will, consent and also without any kind of threat, coercion or pressure etc. 6. Consequently, respondent/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonour of cheque under Section 138 of Negotiable Instrument Act is treated to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside. Petitioner/accused is acquitted of the accusation framed against him. 7. Petitioner has also prayed for imposing the lesser amount of compounding fee instead of 15% of cheque amount on the ground that he is a poor p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within a period of four weeks from today. 9. After depositing compounding fee/cost, petitioner shall place copy of receipt of deposit on record of this petition. In case of default in depositing compounding fee/cost with H.P. State Legal Services Authority, Shimla within stipulated period, the judgments of conviction and sentence shall automatically revive. 10. Petition stands disposed of, in the aforesaid terms, so also the pending application(s), if any. The parties are permitted to produce copy of order downloaded from the High Court website before the concerned authority and the said authority shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise. Copy of this jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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