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2025 DAILYLAW 18781 (HP)

HARIMAN NEGI v. PARMA NAND

CRMP/3123/2025 · 2025-07-24

Virender Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Hariman Negi Vs. Parma Nand Cr. M.P. No. 3123 of 2025 in Cr. R. 120 of 2009 24.7.2025 Present: Mr. Naveen Kumar Dass, Advocate, for the applicant/petitioner. The applicant has filed the present application under Section 147 of Negotiable Instrument Act read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for compounding the case. As per the case pleaded by the petitioner/applicant, he was convicted by the Court of learned Judicial Magistrate First Class, Court No. 2, Rohru, District Shimla, H.P. in Complaint No. 13-3 of 2005, and vide judgment of conviction and order of sentence, dated 13.1.2006, he has been sentenced to undergo simple imprisonment, for a period of one year, and to pay compensation of Rs. 1,00,000/-. Against the said judgment of conviction and order of sentence, the applicant preferred the appeal, before the Court of learned Additional Sessions Judge, (FTC), Shimla, Camp at Rohru, District Shimla, H.P., which was also dismissed, vide judgment dated 3.8.2009. Thereafter, applicant had preferred the Cr. Revision Petition No. 120 of 2009, titled as, ‘Hariman Negi versus Parma Nand & anr.’, which was also dismissed, vide order dated 26.7.2016. Against the said judgment, applicant had preferred Petition for Special Leave to Appeal (Crl.) No. 6481 of 2018, which was also dismissed, on 17.3.2023. Thereafter, the applicant has preferred Cr. M.P. No. 2266 of 2023, in Cr. Revision No. 120 of 2009, which was also dismissed, by this Court on 24.7.2023. The prayer, as made in Cr.M.P. No. 2266 of 2023, is reproduced as under: “It is, therefore, prayed that a lenient view may kindly be taken and the offence under Section 138 of the negotiable instruments Act 1981, judgments passed by the learned JMIC, Court No. 2, Distt. Shimla in case No. 13/3 of 2005, dated 13.3.2006, and upheld by the Additional Sesions Judge, Fast Track Court Shimla, (Camp at Rohru), in case No. 16-16-R/10 of 2008/06, and further revision No. 120 of 2009, dismissed by this Hon’ble Court and SLP (Crl) No. 006481/2018 dismissed by Hon’ble Supreme Court of India, may kindly be ordered to be compounded in the interest of equity and fair play.” Interestingly, in the present application, same prayer has again been reiterated, i.e. permitting the parties to compound the offence, under Section 138 of N.I. Act. After passing the judgment, dated 24.7.2023, in Cr. M.P. No. 2266 of 2023 in Cr. Revision No. 120 of 2009, this Court is functus-officio. Hence, no order can be passed, on this application. The application is, thus, disposed of, so also the pending application(s), if any. (Virender Singh) Judge July 24, 2025 (kalpana)