2021 (10) TMI 195 - HC - Indian Laws

High Court grants delay condonation, allows withdrawal of applications, recognizes compromise, releases petitioner, sets aside conviction

The High Court allowed the condonation of delay in filing the revision application, permitted withdrawal of interlocutory applications, recognized a ... Condonation of delay - compromise between parties - quashing of conviction and sentence pursuant to compromise - release of court-deposited amount on identification - conditional release from custody - transmission of lower court recordsCondonation of delay - Delay of 159 days in filing the criminal revision application is condoned. - HELD THAT: - The Court, after hearing the parties and being satisfied with the explanation set out in the interlocutory application, exercised its discretion to condone the delay in filing the revision. There was no serious objection from the opposite parties to the condonation application and the explanation was accepted for the ends of justice. [Paras 4]I.A. No.2585 of 2020 is allowed and the delay of 159 days is condoned.Withdrawal of interlocutory application - I.A. No.3001 of 2021 (joint compromise petition) is dismissed as withdrawn and I.A. No.4664 of 2021 and I.A. No.4772 of 2021 are allowed/disposed with identical prayers. - HELD THAT: - Opposite party No.2 had inadvertently executed a second vakalatnama in favour of another advocate and filed a joint compromise petition; on realizing the duplication a petition was filed to withdraw the earlier compromise petition and to withdraw the second vakalatnama. No serious objection was raised by the opposite parties, and the Court permitted withdrawal as prayed. [Paras 6, 7, 8]I.A. No.4664 of 2021 is allowed; I.A. No.3001 of 2021 stands dismissed as withdrawn; I.A. No.4772 of 2021 is disposed of.Compromise between parties - quashing of conviction and sentence pursuant to compromise - The criminal revision is disposed of in terms of the joint compromise and the convictions and sentences recorded by the trial and appellate courts are set aside. - HELD THAT: - Petitioner had been convicted under Section 138 of the Negotiable Instruments Act and sentenced, and the appeal had affirmed conviction. During pendency of the revision the parties entered into a settlement: the petitioner deposited part of the compensation with the court and paid the balance directly to the complainant. The State raised no objection to recording the compromise. Considering the nature of the offence, the complete settlement between the parties and the joint compromise petition, the High Court allowed disposal of the revision in terms of the compromise and set aside the judgments of conviction and sentence to meet ends of justice and secure peace between the parties. [Paras 12, 13, 14, 15, 16]Criminal Revision disposed of on the basis of the compromise; the conviction and sentence dated 04.04.2018 and the appellate order dated 28.06.2019 are set aside.Release of court-deposited amount - Amount deposited before the trial court is to be released in favour of the opposite party upon due identification. - HELD THAT: - The Court recorded that the petitioner had deposited a portion of the agreed amount before the learned court below and had paid the remainder directly to the opposite party. In consequence of the settlement and setting aside of conviction, the Court directed that the amount deposited in court be released to the opposite party on proper identification. [Paras 17]The Rs. 1,00,000/- deposited before the learned court below is directed to be released to opposite party No.2 upon due identification.Conditional release from custody - Petitioner to be released from jail immediately, subject to not being wanted in any other case. - HELD THAT: - Having disposed of the revision in terms of the compromise and set aside the convictions and sentences, the Court directed immediate release of the petitioner from custody if there are no other cases in which he is wanted. This disposition follows the remedial effect of quashing the conviction and sentence. [Paras 18, 19]I.A. No.5153 of 2021 is allowed; the petitioner is to be released from custody immediately, if not wanted in any other case.Transmission of lower court records - Lower court records are to be sent back to the court concerned. - HELD THAT: - Following disposal of the criminal revision in terms of the compromise and the consequent setting aside of the conviction and sentence, the High Court directed that the records of the lower court be transmitted back to the court concerned for compliance and record. [Paras 21]Lower court records to be sent back to the court concerned.Final Conclusion: The High Court allowed condonation of delay, permitted withdrawal of the erroneously filed compromise petition, disposed of the criminal revision in terms of the joint compromise by setting aside the conviction and sentence, directed release of the court-deposited amount to the complainant upon identification, ordered the petitioner's release from custody if not wanted elsewhere, and directed transmission of the lower court records. Issues Involved:Condonation of delay in filing the revision application, withdrawal of interlocutory applications, compromise between parties, release of petitioner from jail, setting aside of conviction and sentence, disposal of criminal revision application.Condonation of Delay:The interlocutory application was filed for condonation of a 159-day delay in submitting the revision application. The petitioner's counsel provided reasons for the delay, which were accepted, and the delay was condoned after considering the explanation given.Withdrawal of Interlocutory Applications:Multiple interlocutory applications were filed, including joint compromise petitions and requests for withdrawal of previous applications and vakalatnama. The court allowed the withdrawal of specific applications based on the submissions made by the parties' counsels.Compromise Between Parties:The parties reached a settlement outside the court during the pendency of the case. Both the petitioner and the opposite party agreed to the compromise, leading to the payment of the compensation amount and resolution of the dispute. The court acknowledged the settlement and disposed of the criminal revision application based on the compromise.Release of Petitioner from Jail:An application was filed for the release of the petitioner from jail custody, who had been convicted under the Negotiable Instruments Act. The court directed the release of the petitioner immediately, considering the disposal of the criminal revision application and the absence of any other pending cases against the petitioner.Setting Aside of Conviction and Sentence:The court set aside the judgment of conviction and the order of sentence passed against the petitioner under the Negotiable Instruments Act. This decision was made in light of the compromise between the parties, the payment of the compensation amount, and the resolution of the dispute outside the court.Disposal of Criminal Revision Application:The criminal revision application was disposed of based on the compromise between the parties, the settlement of the dispute, and the satisfaction of the court regarding the resolution of the case. The court directed the release of the petitioner and ordered the lower court records to be sent back to the concerned court.This detailed analysis covers the various issues involved in the judgment delivered by the High Court, addressing the legal aspects and outcomes of each issue comprehensively.