Hem Raj vs. Sbi And Another
Held
The Court held that the parties have voluntarily and amicably settled the matter with their free consent, will, and volition, without any undue influence or misrepresentation. The amount in dispute has been paid by the petitioner to the complainant, and nothing is due. A No Objection Certificate has been issued by the Bank. In view of these settlement terms, the matter stands finally settled. The compounding of the offense is to have the effect of acquittal. Accordingly, the petitioner-accused stands acquitted. Since the parties opted for a cost-effective and speedy disposal before the National Lok Adalat, it is not expedient to impose any compounding fee. The Court directed that a release order be issued for the petitioner-accused if they are not required in other cases.
Facts
This matter was referred to the National Lok Adalat for determination. The petitioner, Hem Raj, and the respondents, SBI and the State, have voluntarily and amicably settled the dispute. The petitioner has paid the outstanding amount to the complainant, and a No Objection Certificate has been issued by the Bank. The settlement terms have been explained to and accepted by the learned counsel for the parties. The petitioner-accused is currently lodged in District Jail, Mandi, and a release order is to be issued if they are not required in any other case. The judgment notes that the parties opted for a cost-effective and speedy disposal.
Key Issues
1. Whether the matter can be finally settled between the parties through amicable resolution before the National Lok Adalat, as per the terms agreed upon, and if such settlement would lead to the compounding of the offense. Petitioner's Contention: The petitioner, through their counsel, has agreed to the settlement terms, including payment of the disputed amount, and seeks acquittal based on the compounding of the offense. Revenue/State's Contention: The State, through the Additional Advocate General, has accepted the settlement terms and the compounding of the offense, leading to the petitioner's acquittal. No specific argument is recorded against the settlement or compounding.
AI-generated summary — verify with the full judgment below
BEFORE THE NATIONAL LOK ADALAT Hem Raj vs. SBI & Anr. Criminal Revision No. 262 of 2026 09.05.2026 Present: Mr. H.S. Rangra, Advocate for the petitioner. Mr. Arvind Sharma, Advocate for the respondent No.
Mr. Pratush Sharma, Additional Advocate General for the respondent No.2-State. The matter has been referred for determination to the National Lok Adalat. Both the parties have voluntarily and amicably settled the matter with their free consent, will, volition and without any undue influence or misrepresentation. The matter stands finally settled between the parties. The amount has been paid by the petitioner- accused to the respondent-complainant and nothing is due. No Objection Certificate in this regard has also been issued by the Bank which is placed on record. Thus, in view of the aforesaid terms and conditions of the settlement, the matter stands finally settled between the parties. The terms and conditions of the settlement as above have been explained to the learned counsel for the parties in Hindi, which they have accepted as correct and appended their signature in evidence of the settlement. Members have also counter signed it. The compounding
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Himachal Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.