CRLR/574/2022
2023 Latest Caselaw 1576 UK

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                                  CRLR No.574 of 2022
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Divya Jain, counsel for the revisionist.

2. Mr. Partiroop Pandey, AGA along with Mr. Pramod Tiwari, learned Brief Holder for the State.

3. Ms. Sadaf, counsel for respondent no.2.

4. Heard.

5. This criminal revision has been filed to set aside the judgment and order dated 17.08.2022 passed by Sessions Judge, District Tehri Garhwal in criminal appeal no.21/2022 as well as the judgment and order dated 29.04.2022 passed by Senior Civil Judge/ACJM, Tehri Garhwal in criminal case no.13/2016, under Section 138 of the Negotiable Instruments Act, 1881, on the basis of compromise entered into between the revisionist and respondent no.2.

6. Counsel for the revisionist would submit that the Hon'ble Supreme Court vide its order dated 13.01.2023 passed in Criminal Appeal No.115 of 2023 arising out of SLP (Crl) No.244 of 2023 (Annexure No.1 to the supplementary affidavit) in paras 18 and 19 had observed that the ends of justice would be met by directing the appellant (revisionist herein) to deposit an amount of Rs.10 lakhs with the Legal Services Authorities within a period of six weeks and that on deposition of said amount compounding application shall stand accordingly.

7. Counsel for the revisionist would submit that in compliance of the order of the Hon'ble Supreme Court (supra) an amount of Rs.10 lakhs was deposited by the revisionist by way of demand draft no.501984 on 20.02.2023 with Uttarakhand State Legal Services Authorities, Nainital and placed the photocopy of the receipt (Annexure 2 to the supplementary affidavit page 107).

8. Ms. Sadaf, counsel for respondent no.2 would submit that the parties have entered into a compromise and now nothing is due to be recovered from the revisionist and this revision may be treated as disposed of in light of the Hon'ble Supreme Court's order (supra).

9. In view of the above, criminal revision is disposed of. Impugned judgments and orders dated 17.08.2022 and 29.04.2022 passed by courts below stand set aside.

10. Pending applications, if any, also stand disposed of.

11. Lower court record be sent back to the court concerned.

(Vivek Bharti Sharma, J.) 08.06.2023 BS