Narayan Ram vs State Of Uttarakhand And Another
2023 Latest Caselaw 2867 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
          THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     26th SEPTEMBER, 2023
              CRIMINAL REVISION NO. 622 of 2023
                            With
          Delay Condonation Application No. 01 of 2023
            Compounding Application No. 02 of 2023



Narayan Ram                                       .....Revisionist

                            Versus

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


Counsel for the Revisionist          :   Mr. Amit Kapri,
                                         Advocate.
Counsel for the Respondent           :   Mr. Rakesh Negi,
No.1.                                    Brief Holder.
Counsel for the Respondent           :   Mr. Deep Prakash Bhatt,
No.2.                                    Advocate.

Hon'ble Alok Kumar Verma,J.

Proposed revisionist-accused Narayan Ram was

convicted under Section 138 of the Negotiable Instruments

Act, 1881 and was sentenced to undergo rigorous

imprisonment for a period of six months along with a fine of

Rs. 22,000/-. Against the judgment of conviction and

sentence dated 08.10.2021, passed by learned Chief Judicial

Magistrate, Pithoragarh in Complaint Case No. 881 of 2019,

an Appeal (Criminal Appeal No. 01 of 2022) was filed. The

said Appeal has been dismissed vide judgment dated

02.06.2023, passed by learned Sessions Judge, Pithoragarh.

2. Revisionist- Narayan Ram is present with his

learned counsel Mr. Amit Kapri, Advocate.

3. Mr. Sanjay Saran, the proprietor of respondent

no. 2-complainant, is present through video conferencing.

He is identified by Mr. Deep Prakash Bhatt, Advocate.

4. Heard Mr. Amit Kapri, Advocate and Mr. Deep

Prakash Bhatt, Advocate on the Delay Condonation

Application.

5. The said Application has not been opposed. The

Delay Condonation Application is allowed. The delay of 2

days' in preferring the Revision is condoned.

6. Admit.

7. Both, revisionist and respondent no. 2 submit that

they have settled their disputes and a Compounding

Application (IA No. 2 of 2023) has been filed along with their

affidavits.

8. Mr. Sanjay Saran, proprietor of respondent no. 2-

complainant, submits that he has received entire amount

and he has filed his affidavit along with compounding

application with his free will and without any pressure.

9. Mr. Amit Kapri, Advocate has filed a copy of

Receipt No. 20 dated 21.09.2023, issued by Uttarakhand

State Legal Services Authority. The said Receipt is taken on

record. As per the said receipt, a sum of Rs. 3,300/- has

been deposited.

10. Both the parties have requested to decide the

present Criminal Revision on the basis of the compromise.

11. The present Criminal Revision (No. 622 of 2023)

deserves to be allowed and is accordingly allowed by holding

that since the offence has been compounded, the revisionist

is entitled to acquittal.

12. Consequently, the judgment of the Appellate

Court dated 02.06.2023 and the judgment of learned Trial

Court dated 08.10.2021 are set aside and the revisionist is

ordered to be acquitted of the charge levelled against him.

___________________ ALOK KUMAR VERMA, J.

Dt: 26th September, 2023 Shiksha