CRLR/361/2023
2023 Latest Caselaw 1803 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                      06TH JULY, 2023
           Delay Condonation Application No.01 of 2023
             Compounding Application No.06 of 2023
                            In
             CRIMINIAL REVISION NO.361 of 2023


Between:

Kehar Singh.                                      .....Revisionist

and

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


Counsel for the Revisionist       :   Mrs. Prabha Naithani,
                                      Advocate.
Counsel for the Respondent        :   Mr. Bharat Chaudhary,
No.2.                                      Advocate.



Hon'ble Alok Kumar Verma,J.

Delay of 370 days' in filing the proposed revision

has not been opposed by respondent no.2. The Delay

Condonation Application (IA No.1 of 2023) is allowed. The

delay of 370 days' in preferring the revision is condoned.

2. Admit.

3. Heard Mrs. Prabha Naithani, learned counsel for

revisionist-accused and Mr. Bharat Chaudhary, learned

counsel for respondent no.2 on the Compounding Application

(IA No.06 of 2023).

4. Revisionist has filed an application along with his

affidavit and a receipt of Rs.75,000/-(Rupees seventy five

thousand). According to the revisionist, 15% (Rs.75,000/-)

of the cheque amount, as a cost, has been deposited with

Uttarakhand State Legal Services Authority. The said

Application dated 06.07.2023 is taken on record along with

the affidavit and the receipt.

5. Revisionist-accused Kehar Singh was convicted

and sentenced to undergo simple imprisonment for a period

of one year along with a fine of Rs.5,06,000/-(Rupees five

lakh six thousand). Against the judgment dated 03.08.2018,

passed by learned Judicial Magistrate/Civil Judge, (Junior

Division), Rishikesh, District Dehradun in Complaint Case

No.440 of 2015, an Appeal was filed. The said Criminal

Appeal (No.138 of 2018) has been dismissed vide judgment

dated 01.10.2021, passed by learned Ist Additional Sessions

Judge, Rishikesh, District Dehradun.

6. Kehar Singh-revisionist is present in-person. He is

identified by Mrs. Prabha Naithani, Advocate.

7. Harveer Singh-respondent no.2-complainant is

present through video conferencing and he is identified by

Mr. Bharat Chaudhary, Advocate.

8. Both the parties have submitted that they have

filed compounding application along with affidavits with their

free will and without any pressure.

9. Harveer Singh-respondent no.2 submitted that he

has received entire amount from the revisionist. He further

submitted that he does not want to proceed with the present

matter.

10. Both the parties have requested to decide the

present Revision on the basis of compounding the offence.

The Compounding Application (IA No.06 of 2023) is allowed,

accordingly.

11. Consequently, judgment dated 01.10.2021,

passed by learned Appellate Court in Criminal Appeal No.138

of 2018 and the judgment dated 03.08.2018, passed by

learned Judicial Magistrate/Civil Judge (Junior Division)

Rishikesh, District Dehradun are set aside. Revisionist-

accused Kehar Singh is acquitted of the charge of Section

138 of the Negotiable Instruments Act, 1881 on the basis of

the compounding the said offence.

12. Present Criminal Revision (No.361 of 2023) stands

disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dt: 06th July, 2023 Neha