Citation : 2021 Latest Caselaw 4875 UK
Judgement Date : 2 December, 2021
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CRLR No.364 of 2021
Hon'ble R.C. Khulbe, J.
Mr. Vivek Pathak, learned counsel for the revisionist.
Ms. Manisha Rana, learned AGA for the State.
Mr. D.C.S. Rawat, learned counsel for private respondent.
This criminal revision is preferred against the judgment and order dated 18.11.2014 passed by the Special Judicial Magistrate, Dehradun in Criminal Case No. 345 of 2011 "Krishan Kumar vs. Rohit Aggarwal" filed under Section 138 of NI Act as well as the order dated 31.03.2021 passed by V Additional Session Judge, Dehradun in Criminal Appeal No. 255 of 2014 Rohit Agarwal vs. State of Uttarakhand and another.
Admit.
Compounding Application (IA/1/2021) has been moved on behalf of the parties.
Both parties are present before the Court; the respondent (complainant) fairly submitted that he has received entire amount from the revisionist; the compounding application is supported by an affidavit and duly verified by their respective counsels.
A bank draft of Rs. 75,000/-, which is 15% of the entire amount (i.e. Rs. 5,00,000/-), drawn in the name of State Legal Service Authority Uttarakhand through bank draft no. 332019 Punjab National Bank, Mall Road, Nainital, dated 02.12.2021 is also placed before the Court; the learned senior counsel for the revisionist submitted that he will deposit the same before the State Legal Service Authority within two days.
Since the compromise had taken place between the parties; accordingly, the revision is allowed and accordingly, the judgement and order dated 18.11.2014 passed by Special Judicial Magistrate, Dehradun in Criminal Case No. 345 of 2011 Krishan Kumar vs. Rohit Agarwal as well as order dated 31.03.2021 passed by V Additional Sessions Judge in Criminal Criminal No. 255 of 2014 Rohit Agarwal vs. State and Another are set aside on the basis of compromise between the parties; accordingly the revisionist is hereby acquitted.
Let a copy of this order be supplied to learned counsel for the revisionist, today itself, as per rules.
(R.C. Khulbe, J.) 02.12.2021 R.Bisht
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