C482/446/2023
2023 Latest Caselaw 663 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
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              with Signatures
                                  C482 No.446 of 2023
                                  With
                                  IA No. 1 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Abhishek Verma, Advocate, for the applicant.

Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

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

In the present C482 Application, it is absolutely a private dispute between the applicant and respondent No.2, which was emanating from the proceedings of Criminal Complaint Case No.2762 of 2016, Madanpal Singh Vs. Mohammad Rizwan, which was the proceeding drawn under Section 138 of the Negotiable Instruments Act.

The challenge given in the present C482 Application, is to set aside the judgment of 16th January, 2023, as passed by the Court of 1st Addl. Sessions Judge, Kashipur, District Udham Singh Nagar, in Criminal Appeal No.243 of 2022, Mohammad Rizwan Vs. State of Uttarakhand and another, whereby, the Appellate Court has affirmed the judgment of conviction as it was rendered on 21st September, 2022, by the Court of Judicial Magistrate, Kashipur, District Udham Singh Nagar, in Criminal Complaint Case No.2762 of 2016, Madanpal Singh Vs. Mohammad Rizwan.

The C482 Application is accompanied with the Compounding Application, which has been duly signed by the parities, as well as, by their respective counsel, who have verified the contents of it.

The complainant / Madanpal Singh, who is present in person, had been identified by the counsel for the respondent. Upon being interacted by this Court, Mr. Madanpal Singh has made a statement that since now he has already received the money, which was due to be paid in the proceedings under Section 138 of the N.I. Act., he does not want to prosecute the present applicant or to force him to undergo the sentence as imposed by the impugned judgment of conviction.

Owing to the settlement, which has been arrived at between the parties and particularly, the nature of dispute, since happens to be a private in nature, the C482 Application would stand disposed of, and as a consequence thereto, the judgment of conviction under challenge in the present C482 Application, would hereby stand quashed in terms of the settlement, which has been referred to in the Compounding Application.

(Sharad Kumar Sharma, J.) Dated 17.03.2023 Shiv