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High Court of Himachal Pradesh · body

2025 DAILYLAW 1384 (HP)

BUTA MOHAMMAD v. INDUSIND BANK UNA

CRMMO/331/2025 · 2026-02-24

Rakesh Kainthla

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 331 of 2025 Date of Decision: 24.02.2026. Buta Mohammad ...Petitioner Versus Indusind Bank, Una, HP ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. M.C. Bhardwaj, Advocate. For the Respondent : Mr. Ashish Kumar, Advocate vice Mr. Rajul Chauhan, Advocate. Rakesh Kainthla, Judge (Oral) Cr.MP No. 583 of 2026 The present application has been &led for taking on record the cash receipt in compliance of order dated 10.12.2025, passed by this Court. The Court had directed on 10.12.2025 to deposit 7.5% of the cheque amount; therefore, the deposit of the cheque amount was pursuant to the order passed by the Court. Accordingly, the application is allowed and the receipt issued by 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 HP State Legal Services Authority, Kasumpti, Shimla, HP is ordered to be taken on record. Application stands disposed of. Cr.MMO No. 331 of 2025 2. Learned counsel representing the respondent/ complainant, under instructions, submits that the matter has been compromised between the parties and he has no objection in case the present application is allowed. 3. In view of this statement, the present petition is allowed and the judgment of conviction and order of sentence dated 26.7.2024, passed by learned Chief Judicial Magistrate, Una, District Una, H.P., in Case No. 630 of 2022, titled Indusind Bank, Una, HP Vs. Buta Mohd. convicting the petitioner of the commission of an o;ence punishable under Section 138 of Negotiable Instruments Act, 1881 and sentencing him to undergo simple imprisonment for one year and to pay compensation of ₹11,00,000/-, as a?rmed by learned Additional Sessions Judge- II, Una, District Una, H.P. in Criminal Appeal No. 139 of 2024, titled Buta Mohammad versus Indusind Bank, Una, HP are ordered to be set aside. The complaint is dismissed as not pressed. 3 4. It has been submitted that an amount of ₹3,00,000/- has been deposited in the Court of learned Chief Judicial Magistrate, Una, District Una, HP which is to be disbursed to the petitioner as per the terms of compromise. Hence, the aforesaid amount is ordered to be released in favour of the petitioner by remitting the same to his bank account on furnishing bank account details, if not furnished earlier, after due veri&cation. 5. In view of the above, the present petition is disposed of, so also the pending miscellaneous application(s), if any. (Rakesh Kainthla) Judge 24th February, 2026 (Chander)