Uttarakhand High Court
Sharma vs State Of Uttarakhand And Another" 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 .215 of 2024
Daily Hon'ble J.C.S. Rawat, J. (Retd.)
Lok Sri Mahesh Chandra Pant, Member
Adalat Mr. Lokendra Dobhal, Advocate for the
Order revisionist.
No. 1. Mr. Sandeep Sharma, Brief Holder for the
State/respondent no.1.
Mr. Nagesh Aggarwal, Advocate for
respondent no.2.
Both the parties have filed compromise
application. This is a matter under Section 138
of Negotiable Instruments Act, which is
compoundable.
The criminal revision is liable to be
disposed of in terms of the compromise arrived
between the parties. The parties have agreed to
quash and set aside the judgment and order
dated 21.02.2024, passed by the learned Vth
Additional Sessions Judge, District Haridwar in
Criminal Appeal No.140 of 2023, "Prashant
Sharma vs. State of Uttarakhand and Another"
by confirming the judgment and order dated
06.09.2023, passed by the learned Judicial
Magistrate Haridwar, convicting the revisionist
under Section 138 of Negotiable Instruments
Act and sentencing him to simple imprisonment
for a period of 1 year and fine of Rs.17,10,000/-
and also ordered a sum of Rs.17,00,000/- shall
be paid to the opposite party no.2 and
Rs.10,000/ shall be deposited in favour of the
State in Complaint Case No.1408 of 2020.
Now, the parties have entered into
compromise in the following terms:-
(i) That the present criminal revision
no. 215 of 2024 before this Hon'ble
High Court against the judgment
and order dated 21.02.2024, passed
by the learned 5th Additional
Sessions Judge, District Haridwar in
Criminal Appeal No. 140 of 2023,
"Prashant Sharma vs. State of
Uttarakhand and Another" by
confirming the judgment and order
dated 06.09.2023 passed by the
learned Judicial Magistrate/First
Additional Civil Judge Haridwar
convicting the revisionist under
Section 138 of Negotiable
Instruments Act and sentencing him
to simple imprisonment for a period
of one year and fine of Rs.
17, 10,000/- and it is ordered that
the Rs 17,00,000/- shall paid to the
opposite party no.2/complainant and
Rs. 10,000/ shall be deposited in
favour of the state in Complaint
Case No. 1408 of 2020 between
(Prafull Sharma and Prashant
Sharma).
(ii) That now both the parties (Prashant
Sharma and Prafull Sharma) are
agreed and entered into the
compromise and the settle their
dispute the revisionist paid entire
amount of compensation i.e. Rs.
17,00,000/- and to fine Rs. 10,000/-
as per the judgment and Order dated
06.09.2023 passed by Judicial
Magistrate/First Additional Civil
Judge Haridwar through Demand
Draft No. 010919 from IDBI Bank
Ltd Haridwar of amount Rs.
13,70,000/- to Opposite party no.2
before the Lok Adalat and 20% of
the Order dated 06.09.2023 amount
Rs.3,40,000/- already deposited
before the Judicial Magistrate/First
Additional Civil Judge Haridwar
date 08.12.2023 and the receipt
copy of that amount enclosed with
the compromise application and
now there is no amount balance in
part of the revisionist and the
opposite party/respondent no.2.
(Prafull Sharma) do not have any
objection to settle this dispute and
do not want to convict the
revisionist according to the
judgment and order dated
06.09.2023 Judicial Magistrate/First
Additional Civil Judge Haridwar
and the offence under Section 138
of Negotiable Instruments Act is
compoundable under Section 147 of
the N.I. Act.
In view thereof, the revision is disposed of
in terms of compromise. The compromise deed
shall remain part of this order.
All pending applications stand disposed
of.
(Mahesh Chandra Pant, Adv./Member/Mediator) (J.C.S.Rawat,J(Retd.)
22.05.2024 22.05.2024
Nahid
