Hem Raj vs. Sbi And Another
Held
The National Lok Adalat held that the matter stands finally settled between the parties due to their voluntary and amicable settlement, with free consent and without undue influence or misrepresentation. The petitioner has paid the amount due, and a No Objection Certificate has been issued by the Bank. Consequently, the compounding of the offense was accepted, which has the effect of acquittal. The petitioner-accused is therefore acquitted. The Lok Adalat also deemed it inexpedient to impose any compounding fee due to the cost-effective and speedy disposal of the matter. A release order is to be issued for the petitioner-accused if they are not required in any other case.
Facts
This matter was referred to the National Lok Adalat for determination. The petitioner, Hem Raj, and the respondents, SBI & Anr. (State), have voluntarily and amicably settled the dispute with their free consent. The settlement involved the petitioner paying the respondent-complainant, and nothing further is due. A No Objection Certificate has been issued by the Bank and placed on record. The terms of the settlement were explained to the counsel for the parties, who accepted them and signed in evidence. The petitioner-accused is currently lodged in District Jail, Mandi.
Key Issues
1. Whether the matter can be finally settled between the parties through amicable resolution before the National Lok Adalat, considering the voluntary consent and payment made by the petitioner? 2. Whether the compounding of the offense, based on the settlement, should have the effect of acquittal? Petitioner's Arguments: The petitioner, through their counsel, has agreed to the settlement terms, indicating their willingness to resolve the matter amicably. The payment has been made, and a NOC has been obtained, signifying the completion of their obligations. Revenue/State's Arguments: The respondent-State, through the Additional Advocate General, has acknowledged the settlement and its terms. The presence and consent of the parties' counsel indicate their acceptance of the resolution. The judgment does not record specific arguments from the State regarding the legal provisions, but rather their participation in the settlement process.
AI-generated summary — verify with the full judgment below
BEFORE THE NATIONAL LOK ADALAT Hem Raj vs. SBI & Anr. Criminal Revision No. 263 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 o
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