Uttarakhand High Court
Alauddin vs State Of Uttarakhand And Another on 24 December, 2021
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No. 1477 of 2021
Alauddin ........... Applicant
Vs.
State of Uttarakhand and another ........ Respondents
Present : Mr. Abhishek Verma, Advocate for the petitioner.
Mr. Lalit Miglani, AGA with Ms. Sonika Khulbe, Brief Holder for the
State.
Mr. Vikas Kumar, Advocate for the respondent no. 2.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
By means of the instant petition, the petitioner
seeks setting aside the following judgments and orders, on
the basis of amicable settlement:-
(i) Judgment and order dated
26.10.2017 passed in Complaint No.
431 of 2015, Tasabbur Ali v.
Alauddin, by the Additional Chief
Judicial Magistrate, Roorkee,
District, Haridwar ("the case"),
whereby the petitioner has been
convicted under Section 138 of the
Negotiable Instruments Act, 1881
("the Act") and has been sentenced to
simple imprisonment for a period of
six months and a fine of Rs.
2,65,000/-.
(ii) Judgment and order dated
06.09.2021 passed in Criminal
Appeal No. 156 of 2017, Alauddin v.
State of Uttarakhand and another, by
the court of 1st Additional Sessions
Judge, Roorkee, District Haridwar,
whereby the order dated 26.10.2017
passed by the Additional Chief
Judicial Magistrate, Roorkee, District
Haridwar ("the appeal") convicting
and sentencing the petitioner under
Section 138 of the Act has been
upheld.
2. Heard learned counsel for the parties and
perused the record.
3. A joint compounding application has been filed
by the petitioner and the complainant ("the respondent
no. 2") supported by the affidavits.
4. Learned counsel for the parties would submit
that the parties have amicably settled the dispute. The
amount involved in the instant case is Rs. 2,50,000/- and
the petitioner is ready to deposit 15% of the amount in
view of the judgment in the case of Damodar S. Prabhu v.
Sayed Babalal H., (2010) 5 SCC 663.
5. The petitioner and the respondent no. 2 are
personally present before the Court, duly identified by
their respective counsel. They have verified the contents of
the compounding application and stated that they have
now settled the dispute amicably.
6. The petitioner would submit that he is ready to
pay 15% of the cheque amount today itself. He has
brought the money with him.
7. In view of the above, this Court is of the view
that it is a case which may be decided on the basis of
amicable settlement between the parties. Accordingly, the
petition deserves to be allowed.
8. Accordingly, the instant petition is allowed. The
judgment and order passed dated 26.10.2017 passed in
the case and the judgment and order dated 06.09.2021
passed in the appeal are hereby set aside, subject to the
petitioner depositing an amount of Rs. 37,500/- with the
Registry of this Court within a week. Consequently, the
petitioner stands acquitted of the charge under Section
138 of the Act.
9. Compounding application stands disposed of
accordingly.
(Ravindra Maithani, J.)
24.12.2021
Avneet/
