C482/1912/2023
2023 Latest Caselaw 2863 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C482 No. 1912 of 2023
                                  With
                                  IA No. 1 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Shariq Khurshid, Advocate, for the applicant.

Mr. V.K. Gemini, Deputy A.G., for the State of Uttarakhand.

Mr. Kamlesh Tiwari, Advocate, for respondent No.2.

The parties to the C-482 Application are participating in the proceedings thorough video conferencing. They have been duly identified by their respective counsels.

The applicant, herein, who is a convict for commission of the offences under Section 138 of the Negotiable Instruments Act, has been directed to undergo a sentence of six months' imprisonment and a fine of Rs.4 lacs has been imposed upon him in the proceeding, which stood affirmed by the judgment dated 22nd March, 2023, as rendered in Criminal Appeal No. 14 of 2023.

The factum of having received the money of 3.90 lacs is not disputed by respondent No.2, before this Court. Apart from remittance of Rs.3.90 lacs to the respondent No.2, the applicant was supposed to remit an amount of Rs.10,000/- to the learned Court below as per the judgment dated 22nd March, 2023.

Since now, the parties have entered into the settlement, owing to the fact, that respondent No.2 has received the entire money due under the instrument, the complainant submits that he doesn't want to prosecute the present applicant any further.

Hence, the C-482 Application would stand disposed of in terms of the Compounding Application.

But, however, the composition will come into effect, only after depositing Rs.10,000/-, which has been imposed by the Court below to be deposited before the Court of Judicial Magistrate, Kashipur, District Udham Singh Nagar, within a period of three days from today.

The Compounding Application stands disposed of accordingly. The C-482 Application is closed based on the order passed on the Compounding Application.

(Sharad Kumar Sharma, J.) Dated 26.09.2023 Shiv