Uttarakhand High Court

CRLR/319/2024 on 22 May, 2024

                  Office Notes,
                 reports, orders
                 or proceedings
 Sl. No   Date    or directions         DAILY LOK ADALAT'S ORDERS
                 and Registrar's
                    order with
                   Signatures
                                   CRLR No. 319 of 2024
Daily                              Hon'ble J.C.S. Rawat, J. (Retd.)
Lok                                Sri Mahesh Chandra Pant, Member
Adalat                                   Mr. Amit Kapri, Advocate for the
Order                              revisionist.
No. 1.                                   Mr. Sandeep Sharma, Brief Holder for the
                                   State/respondent no.1.

Mr. Dharmendra Barthwal, Advocate for State Bank of India./respondent no.2.

Learned counsel for the parties have filed the compromise application. Learned counsel for the revisionist has a power to compromise the matter in Vakalatnama. Both, counsel for the revisionist and counsel for State Bank of India have filed their compromise before the Daily Lok Adalat.

The terms of the compromise reveals that they have agreed to quash and set aside the judgment and order dated 20.03.2024, passed by the learned Sessions Judge Pithoragarh, District Pithoragarh in Criminal Appeal No.03 of 2024, (Computer Generated No. UKPI010000252024) "Amit Pandey vs. State Bank of India and Another" whereby the Sessions Judge confirmed the conviction of revisionist under Section 138 of Negotiable Instruments Act, passed by the learned Judicial Magistrate Pithoragarh vide judgment and order dated 11.12.2023 in Criminal Complaint Case No. 395 of 2021 (New Criminal Complaint No.50 of 2022) Computer Generated No. UKPI020004562021 "State Bank of India vs. Amit Pandey" convicted the revisionist under Section 138 of Negotiable Instruments Act to undergo six months simple imprisonment along with a fine of Rs.4,25,000/- The compensation amount of Rs.4,20,000/- payable to the State Bank of India Aincholi Branch and Rs. 5,000/- with a fine to the revisionist. Thus, both the parties have agreed that matter may be settled by the Daily Lok Adalat in terms of the compromise application. This is a compoundable offence, hence, the revision is decided in terms of the compromise filed by the parties.

Now, the parties have entered into compromise in the following terms: -

(i) That revisionist has paid entire amount of respondent no.2 with interest now no dues remaining in the account in question.

(ii) That since State Bank of India Aincholi Branch has already issued a no objection certificate as regards the account in question, therefore, now no purpose is going to be solved to send the revisionist behind the bar.

(iii) That the revisionist has deposited the entire amount at State Bank of India at Aincholi Branch Pithoragarh as far as the account in question concerned.

(iv) That during the appeal revisionist has deposited a sum of Rs. 85,000/-

before the learned Sessions Judge Pithoragarh in Criminal Appeal No. 03 of 2024 and the same may be released in favour of the revisionist (Amit Pandey) in which the respondent no.2 State Bank of India Aincholi Brach has no objection in it.

(v) That it is most respectfully prayed that this Hon'ble High Court may graciously be pleased to allow the present revision and quash and set aside the judgment and order dated 20.03.2024 passed by learned Sessions Judge Pithoragarh in

Computer generated number UKPI010000252024 "Amit Pandey vs. State Bank of India & another"

whereby the learned Sessions Judge confirmed the conviction of the revisionist under Section 138 of Negotiable Instruments Act passed by the learned Judicial Magistrate/Civil Judge(Jd) Pithoragarh, District Pithoragarh vide judgment and order dated 11.12.2023 in Criminal Complaint Case No. 395/2021 (New Criminal Complaint Case No.50 of 2022) State of India vs. Amit Pandey, in view of the above term and condition filed between the parties.