Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 32063 (HP)

Surender Kumar v. HP State C-Op. Agriculture and Rural Development Bank Ltd. AND ANOTHER

CR.R/337/2024 · 2025-10-16

Rakesh Kainthla

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No.337 of 2024 Date of Decision: 16.10.2025. Surender Kumar ...Petitioner Versus H.P. State Co-operative Agriculture & Rural Development Bank Ltd. ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Mukesh Bisht, Advocate. For the Respondents : Mr. Narender Singh, Advocate for respondent No.1. Mr. Tarun Pathak, Advocate, for respondent No.2/State. Rakesh Kainthla, Judge (oral) Learned counsel for the petitioner has placed on record a receipt dated 16.10.2025, issued by the Member Secretary, H.P. Legal Services Authority, Kasumpti, Shimla, regarding the deposit of ₹8,130/-. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2. Perusal of the judgment passed by the learned Trial Court shows that the cheque was issued for an amount of ₹1,08,400/-. Learned counsel for the petitioner has deposited 7.5% of the cheque amount i.e.₹8130/-, pursuant to the order dated 15.10.2025, passed by this Court. 3. Learned counsel for the respondent No.1 under instruction, submits that the complainant does not want to proceed further with the complaint in view of the compromise effected between the parties. 4. Learned counsel for the petitioner submits that amount deposited before the learned Trial Court shall be disbursed to the complainant. No other amount has been deposited before the learned Appellate Court and before this Court. 5. In view of above, the judgment passed by learned Additional Sessions Judge, Kinnuar at Rampur Bushehar, District Shimla, in Criminal Appeal No. 70 of 2022 decided on 08.04.2024 affirming the judgment and order passed by learned Judicial Magistrate First Class, Anni, District Kullu H.P. on 04.09.2023, in Criminal Case No. 125 of 2021 are ordered to be set aside. 3 6. The petitioner is stated to be in judicial custody and he is presently lodged in Sub-Jail Kaithu, District Shimla. He is ordered to be released forthwith, if not required in any other case. Release warrants be prepared accordingly and the same be sent to the Jail Superintendent, Kaithu, District Shimla, H.P. and learned Trial Court through FASTER forthwith for necessary compliance. 7. In view of the above, the present petition is disposed of, so also the pending miscellaneous application(s), if any (Rakesh Kainthla) Judge 16th October, 2025. (ravinder)