CRLR/593/2023
2023 Latest Caselaw 2544 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

          THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   28th AUGUST, 2023
          DELAY CONDONATION APPLICATION No.01 of 2023
                           with
           CRIMINAL REVISION NO. 593 of 2023



Vinod Prasad                                    .....Revisionist

and

State of Uttarakhand and Another            .....Respondents


Counsel for the Revisionist       :   Mr. Shivanand Bhatt,
                                      Advocate.
Counsel for the Respondent        :   Mr. Pramod Tiwari,
No.1                                  Brief Holder.

Counsel for the Respondent        :   Mr. Reitu Parna Joshi,
No.2                                  Advocate.

Hon'ble Alok Kumar Verma,J.

Revisionist-accused Vinod Prasad was convicted

and sentenced to undergo imprisonment for a period of

three months along with a fine of Rs. 3,30,000/- for the

offence punishable under Section 138 of the Negotiable

Instruments Act, 1881.

2. Against the said judgment dated 10.09.2021,

passed by learned Judicial Magistrate Kashipur, District

Udham Singh Nagar in Complaint Case No. 3141 of 2017,

an Appeal was filed. The said Appeal (Criminal Appeal

No.194 of 2021) has been dismissed vide judgment dated

08.04.2022, passed by learned Ist Additional Sessions

Judge, Kashipur, District Udham Singh Nagar.

3. Present Revision has been filed along with an

Application under Section 5 of the Limitation Act, 1963 to

condone the delay of 411 days' in preferring the Revision.

4. The Delay Condonation Application has not been

opposed by the respondent no.2. The Delay Condonation

Application is allowed. The delay is condoned.

5. Admit.

6. Mr. Shivanand Bhatt, Advocate, submits that the

revisionist-accused Vinod Prasad is in judicial custody.

7. Respondent no.2-Surendra Singh, proprietor of

M/S Gautam Contractor-complainant is present-in person.

He is identified by Mr. Reitu Parna Joshi, Advocate.

8. Respondent no.2-complainant Surendra Singh

submits that he has received entire amounts. He further

submits that he has filed a joint compounding application

along with affidavit with his free will and without any

pressure, and, he does not want to proceed with the

present Revision.

9. Mr. Shivanand Bhatt, Advocate, submits that the

revisionist has deposit Rs.49,500/- (Rupees forty nine

thousand five hundred) (50% of the cheque amount). The

receipt No.13 dated 28.08.2023, issued by the

Uttarakhand State Legal Services Authority, is taken on

record.

10. Both the parties have requested to decide the

present Revision on the basis of the compromise.

11. Consequently, the present Criminal Revision

(No.593 of 2023) is allowed by holding that since the

offence has been compounded, the revisionist is entitled to

acquittal.

12. The judgment dated 08.04.2022, passed by

learned Appellate Court and judgment dated 10.09.2021,

passed by learned Trial Court are set aside. The

Revisionist is ordered to be acquitted of the charge

levelled against him.

13. A copy of this order be sent forthwith to the

Superintendent, Sub-Jail, Haldwani for necessary action.

___________________ ALOK KUMAR VERMA, J.

Dt: 28.08.2023 Neha