Madan Prasad Pant vs State Of Uttarakhand & Anr
2021 Latest Caselaw 1597 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

          Compounding Application No. 1 of 2021
                            In
            Criminal Revision No. 119 of 2021

Madan Prasad Pant                   ............         Revisionist

                              Vs.

State of Uttarakhand & anr.         ...........      Respondent


Present:- Mr. C.K. Sharma, learned counsel for the revisionist.
          Mr. V.S. Rathore, learned A.G.A. with Ms. Sonika
          Khulbe, learned Brief Holder for the State.
          Mr. Yogesh Lohni, learned counsel for the private
          respondent.

Hon'ble R.C. Khulbe, J.

Present criminal revision is preferred against the judgment and order dated 07.12.2019, passed by the Judicial Magistrate/Civil Judge (JD), Ramnagar, District Nainital, in criminal complaint case no. 171 of 2016, Raees Ahmed vs. Madan Prasad whereby the learned Magistrate has convicted the revisionist under section 138 of N.I. Act and sentenced him six months imprisonment with fine of Rs. 1,30,000/- as well as the order dated 05.03.2021, passed by the Additional Sessions Judge, Ramngar, District Nainital in Criminal Appeal No. 7 of 2020, Madan Prasad vs. State and others, whereby the learned Appellate Court dismissed the appeal and affirmed the lower court judgment.

2. Heard learned counsel for both the parties through video conferencing.

3. During the course of hearing, compounding application IA No. 1 of 2021 has been moved, which is

supported by the affidavits of revisionist as well as respondent Raees Ahmed.

4. As per the affidavits, both the parties have settled their dispute amicably and respondent Raees Ahmed has already received the entire amount from the revisionist.

5. As per the order dated 22.04.2021, the revisionist has deposited the 15% of the cheque amount before the State Legal Service Authority. The receipt is on record.

6. Since, the revisionist has already paid the entire amount to the respondent and the matter has been settled amicably between the parties, accordingly, the revision is liable to be disposed of, as per the compromise arrived between the parties.

7. Accordingly, the revision is disposed of, in terms of the compromise arrived between the parties. Order dated 07.12.2019 passed by the Judicial Magistrate/Civil Judge (JD) in criminal complaint case no. 171of 2016, Raees Ahmed vs. Madan Prasad Pant as well as the order dated 05.03.2021, passed by the Additional Sessions Judge, Ramnagar, District Nainital in Criminal Appeal N0. 7 of 2020, Madan Prasad Pant vs. State and others, are hereby set aside. Revisionist Madan Prasad Pant is acquitted under section 138 of the N.I. Act.

(R.C. Khulbe, J.) 04.05.2021 Parul