Uttarakhand High Court
Unknown vs Arvind Singh Titiyal" on 9 December, 2022
Office Notes, reports,
`SL. orders or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and Registrar's
order with Signatures
09.12.2022 C-482 No. 2203 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. B.M. Pingal, Advocate for the
applicant.
Mr. Tumul K. Nainwal and Ms. Lata
Negi, Brief Holder for the State/respondent
no.1.
Mr. Rohit Kumar Gaur, Advocate for
respondent no.2.
In the present C-482 application, the
challenged has been given to the judgment
dated 14.11.2018, as it has been rendered
by the court of learned Judicial Magistrate,
1st Class, Pithoragarh, in Criminal Case No.
1323 of 2018 "Mahendra Singh Manral Vs.
Arvind Singh Titiyal", whereby the
respondent-applicant herein, was being
tried for the offence under Sections 138 of
the Negotiable Instruments Act. The
challenge has also been given to the order
dated 25.03.2021, which has been passed
by the learned Sessions Judge, Pithoragarh
in Criminal Appeal No. 37 of 2018 "Arvind
Singh Titiyal Vs. Mahendra Singh Manral".
The C-482 application, which has its
genesis from the proceedings under Section
138 of the Negotiable Instruments Act, is
being accompanied with the Compounding
Application; being IA No. 1 of 2022,
preferred by the parties to the proceedings,
though the said compounding application
has been filed under Section 320 of Cr.P.C.
but the same is also to be read along with
Section 147 of the Negotiable Instruments
Act.
The parties to the C-482 application
are present in person before the Court, who
have been duly identified by their respective
counsel.
The complainant-respondent no.2,
upon being interacted has made a
statement before this Court in presence of
his counsel, that he has already received
the entire amount, which was the subject
matter of the proceedings under Section
138 of Negotiable Instruments Act, and now
he has no grievances left, as such to further
prosecute the present applicant in the
aforesaid criminal proceedings.
The aforesaid facts of having remitted
the entire amount is a fact, which also
stands verified by the Pairokaar of the
present applicant, who has fortified the fact
of having paid with the entire amount to
respondent no.2-complainant.
Since the offence under Section 138 of
the Negotiable Instruments Act, has been
made compoundable under Section 147 of
the Negotiable Instruments Act itself, and
particularly, as of now, owing to the
averments made by the parties to the
proceedings in the compounding
application, which has been duly signed by
them, and verified by their respective
counsels, since the grievance of the
complainant-respondent no.2, now stands
redressed, therefore, there will be no
fruitful purpose to proceed with the case
under Section 138 of the Negotiable
Instruments Act.
In that eventuality, the C-482
application is allowed, and as a
consequence thereto, the offence, which
stood culminated by the adjudication made
by the judgment dated 14.11.2018 and by
the judgment dated 25.03.2021, would
hereby stand quashed, and as a result
thereto, the C-482 application is allowed. It
goes without saying, that setting aside the
impugned judgment dated 14.11.2018 and
order dated 25.03.2021, would result into
automatic acquittal of the present
applicant.
The applicant, who is languishing in
jail, is directed to be released forthwith, as
soon, as the copy of the judgment is served
upon the concerned Jail Superintendent.
(Sharad Kumar Sharma, J.)
09.12.2022
Mamta
