Citation : 2023 Latest Caselaw 3541 UK
Judgement Date : 9 December, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
09th DECEMBER, 2023
CRIMINAL REVISION NO.10 OF 2021
Vasudev Singh .....Revisionist
Versus
State of Uttarakhand and Another .....Respondents
Counsel for the Revisionist : Mr. Amit Kapri, Advocate.
Counsel for the State : Mr. Sandeep Sharma, Brief
Holder.
Counsel for the Respondent : Mr. Deep Prakash Bhatt,
No.2 Advocate.
Hon'ble Alok Kumar Verma, J.
Revisionist - accused Vasudev Singh was
convicted and sentenced to undergo rigorous imprisonment
for a period of one year along with a fine of Rs.3,25,000/-
under Section 138 of the Negotiable Instruments Act, 1881.
Against the said judgment dated 13.05.2019, passed by
learned Additional Chief Judicial Magistrate, Khatima, District
Udham Singh Nagar in Criminal Case No.162 of 2013, an
Appeal (Criminal Appeal No.144 of 2019) was filed. The said
Appeal has been dismissed vide judgment dated
28.02.2020, passed by learned Additional Sessions Judge,
Khatima, District Udham Singh Nagar.
2. Revisionist is in judicial custody.
3. Respondent no.2 - complainant Devendra Singh
Basera is present in-person with Mr. Deep Prakash Bhatt,
Advocate.
4. Today, before the National Lok Adalat, respondent
no.2 and Mr. Amit Kapri, Advocate, on behalf of the
revisionist, have filed a Compromise Application.
5. As per the compromise, the respondent no.2 has
received the entire amount through cheque and now there is
no dispute pending between them.
6. The said compromised is verified.
7. 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.
8. The judgment dated 28.02.2020, passed by the
learned Appellate Court and judgment dated 13.05.2019,
passed by learned Trial Court are set aside and the
revisionist is ordered to be acquitted of the charge levelled
against him.
9. A copy of this judgment be sent forthwith to the
Superintendent of the concerned Jail for necessary
compliance.
__________________ ALOK KUMAR VERMA, J.
Dated : 09th December, 2023 JKJ/Pant
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