C482/19/2023
2023 Latest Caselaw 80 UK

             Office Notes, reports,
             orders or proceedings
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                                      C482 No.19 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Abhishek Verma, Advocate for the applicant.

Mr. Ranjan Ghildiyal, Brief Holder for the State of Uttarakhand.

Mr. Mehboob Rahi, Advocate for respondent no.2.

The proceedings under Section 138 of the Negotiable Instruments Act were drawn by respondent no.2 against the present applicant, which was registered as Criminal Complaint Case No.922 of 2016, Subhash Chandra Jakhmola vs. Laxmi Bharti.

On passing of the judgment of conviction a Criminal Appeal No.9 of 2022, has been preferred by the present applicant before the court of Additional Sessions Judge, Kotdwar, District Pauri Garhwal. The same too has been decided by the judgment of 08.09.2022.

The present C-482 Application has been preferred alongwith the compounding application, contending thereof, that since the parties have entered into an amicable settlement, the C-482 Application as preferred by the applicant as against the judgment of conviction of the trial court and the appellate court may be quashed.

This Court had interacted with the complainant/respondent no.2 herein, who is present and had been duly identified by his counsel and upon being interacted by this Court, he has made a statement that his grievances has now been redressed, as all the amount, which was due to be paid by the present applicant has been received by him and as such he would have no objection, in case if the judgments, which are under challenge in the C482 Application are quashed. Owing to the aforesaid statement and the facts, which has been narrated in the compounding application, which has been duly signed by the parties, as well as by their respective counsels, the C482 Application would stand allowed and as a consequence thereto, the judgments of conviction under challenge herein, as rendered by the court in a proceedings under Section 138 of Negotiable Instruments Act, would stand quashed.

The C482 Application is accordingly, allowed in terms of settlement.

(Sharad Kumar Sharma, J.) 06.01.2023 Arti