Citation : 2023 Latest Caselaw 3536 UK
Judgement Date : 9 December, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
(Before the National Lok Adalat)
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
9th DECEMBER, 2023
CRIMINAL REVISION NO. 875 of 2023
M/s Singhal Traders Classic Auto Parts and Another
... Revisionists
Versus
State of Uttarakhand and Another ...Respondents
Counsel for the Revisionists : Mr. Pankaj Semwal,
Advocate.
Counsel for respondent no. 2 : Mr. Mukesh Singh Rawat,
Advocate.
Hon'ble Alok Kumar Verma,J.
Revisionist no. 2-accused Smt. Usha Rani, the
proprietor of M/s Singhal Traders Classic Auto Parts, was
convicted and sentenced to undergo simple imprisonment
for a period of three months along with a fine of Rs.
3,00,000/- under Section 138 of the Negotiable Instruments
Act, 1881. Against the said judgment, an Appeal (Criminal
Appeal No. 51 of 2022) was filed. The said Appeal has been
dismissed vide judgment dated 23.08.2023, passed by
learned Ist Additional District & Sessions Judge, Haridwar.
2. Today, before the National Lok Adalat, the
revisionist-Smt. Usha Rani is present in-person. She is
identified by Mr. Pankaj Semwal, Advocate.
3. Respondent no.2-Shekhar, the complainant is
present with his learned counsel Mr. Mukesh Singh Rawat,
Advocate.
4. Revisionist and respondent no.2 submitted that
they have filed a Compromise Application. A Compounding
Application is available on the record. Both the parties
submit that they have filed the Compounding Application
along with affidavits with their free will and without any
pressure.
5. Compromise Application, filed today, is verified.
6. The Criminal Revision deserves to be allowed and
is accordingly allowed by holding that since the offence has
been compounded, the revisionist is entitled to acquittal.
7. The judgment dated 23.08.2023, passed by
learned Appellate Court and judgment dated 02.04.2022,
passed by learned Trial Court are set aside. The revisionist is
ordered to be acquitted of the charge levelled against her.
___________________ ALOK KUMAR VERMA, J.
Dt: 9th December, 2023 JKJ/Shiksha
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