CRLR/480/2023
2023 Latest Caselaw 1864 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        19TH JULY, 2023
               Compounding Application No.01 of 2023
                              In
               CRIMINIAL REVISION NO.480 of 2023


Between:

Asraf Ali.                                         .....Revisionist

and

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


Counsel for the Revisionist        :   Mr. Shailendra Nauriyal,
                                       Advocate.
Counsel for the Respondent         :   Mr. Pratiroop Pandey,
No.1.                                  A.G.A. assisted by Mr.
                                       P.S. Uniyal, Brief Holder.

Counsel for the Respondent         :   Mr. Reituparna Joshi,
No.2/complainant.                      Advocate.



Hon'ble Alok Kumar Verma,J.

Revisionist-accused Asraf Ali was convicted and

sentenced to undergo simple imprisonment for a period of

six months along with a fine of Rs.10,80,000/-(Rupees ten

lakh eighty thousand) for the offence punishable under

Section 138 of the Negotiable Instruments Act, 1881.

Against the said judgment dated 26.07.2022, passed by

learned IVth Additional Chief Judicial Magistrate, District

Dehradun in Criminal Complaint Case No.3882 of 2016, an

Appeal (No.195 of 2022) was filed. The said Appeal has

been dismissed vide judgment dated 06.07.2023, passed by

learned IVth Additional Sessions Judge, Dehradun.

2. Heard Mr. Shailendra Nauriyal, learned counsel for

revisionist, Mr. Pratiroop Pandey, learned A.G.A. assisted by

Mr. P.S. Uniyal, learned Brief Holder for State and Mr.

Reituparna Joshi, learned counsel for respondent no.2.

3. Revisionist-accused Asraf Ali and respondent no.2-

complainant Gulam Sabbir are present in-person before the

Court.

4. Both the parties stated that they have settled

their disputes and after resolving their disputes, they have

filed a Compounding Application (IA No.1 of 2023) along

with affidavits with their free will and without any pressure.

5. Respondent no.2-complainant Gulam Sabbir

submitted that he has received entire amount from the

revisionist and he does not want to proceed with the present

case.

6. Admit.

7. Mr. Shailendra Nauriyal, Advocate, submitted that

Rs.1,61,400/-(Rupees one lakh sixty one thousand four

hundred) cost has been deposited by the revisionist with the

Uttarakhand State Legal Services Authority (Book No.2

receipt number 1 dated 19.07.2023. The said receipt is

taken on record.

8. Both the parties have requested to decide the

present Revision on the basis of compounding the offence.

In the interest of justice and in the facts and circumstances

of the case, the said request is accepted.

9. Resultantly, impugned judgment dated

06.07.2023, passed by learned Appellate Court and

impugned judgment dated 26.07.2022, passed by learned

Trial Court, are set aside. Revisionist-accused Asraf Ali is

acquitted of the charge under Section 138 of the Negotiable

Instruments Act, 1881 on the basis of compounding the

offence.

10. Present Criminal Revision (No.480 of 2023) stands

disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dt: 19th July, 2023 Neha