CRLR/32/2019
2023 Latest Caselaw 2407 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    22ND AUGUST, 2023
            Compounding Application No.3135 of 2023
                            In
              CRIMINAL REVISION NO.32 of 2019


Between:

G.B. Enterprises (Jaspur) and Another.        .....Revisionists

and

State of Uttarakhand and Another.             .....Respondents


Counsel for the Revisionists      :   Mr. Mohd. Umar,
                                      Advocate.
Counsel for the Respondent        :   Mrs. Manisha Rana Singh,
No.1.                                 A.G.A. assisted by Mr.
                                      Pramod Tiwari, Brief
                                      Holder.

Counsel for the Legal        :        Mr. Prince Chauhan,
Representatives of the deceased       Advocate.
Respondent No.2


Hon'ble Alok Kumar Verma,J.

Revisionist-accused was convicted under Section

138 of the Negotiable Instruments Act, 1881 and he,

proprietor of the revisionists firm, was sentenced to undergo

rigorous imprisonment for a period of two months along with

a fine of Rs.1,50,000/-.

2. Against the judgment dated 19.02.2015, passed

by learned Special Judicial Magistrate, Kashipur, District

Udham Singh Nagar in Complaint Case No.959 of 2013, an

Appeal (Criminal Appeal No.45 of 2015) was filed. The said

Appeal has been dismissed vide judgment dated

05.01.2019, passed by learned Ist Additional Sessions Judge,

Udham Singh Nagar.

3. The complainant died after the judgment in appeal

was passed and the Compounding Application has been filed

by Smt. Nikita Agarwal, Tushar Agarwal and Riya Agarwal,

wife, major son and the major daughter of the complainant.

4. Mr. Prince Chauhan, Advocate, further submits

that the entire amount has been received from the

revisionists. Therefore, a joint Compounding Application has

been filed by the parties along with affidavits with their free

will and without any pressure.

5. Mr. Mohd. Umar, Advocate, submits that a sum of

Rs.22,500/- (Rupees twenty thousand five hundred) (50% of

the cheque amount) has been deposited. He has produced a

receipt No.11 dated 22.08.2023, issued by the Uttarakhand

State Legal Services Authority. The said receipt is taken on

record.

6. Mr. Mohd. Umar, Advocate, has submitted that the

revisionist-accused Sudhir Kumar Gahlot alias Garam Babu

is in judicial custody.

7. Both the parties have requested to decide the

present Revision on the basis of the compromise.

8. The present Criminal Revision (No.32 of 2019)

deserves to be allowed and is accordingly allowed by holding

since the offence has been compounded, revisionist-Sudhir

Kumar Gahlot alias Garam Babu is entitled to acquittal.

9. Consequently, judgment dated 05.01.2019,

passed by learned Appellate Court and judgment dated

19.02.2015, passed by learned Trial Court are set aside and

the revisionist is ordered to be acquitted of the charge

levelled against him.

10. A Copy of this judgment be sent to the Competent

Authority of Sub-Jail, Haldwani forthwith for necessary

compliance.

___________________ ALOK KUMAR VERMA, J.

Dt: 22nd August, 2023 Neha