Uttarakhand High Court
Shashi Mohan Kaushik vs State Of Uttarakhand And Another on 11 May, 2024
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
(Before the National Lok Adalat)
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
11TH MAY, 2024
CRIMINAL REVISION NO.237 OF 2024
Shashi Mohan Kaushik .....Revisionist
Versus
State of Uttarakhand and Another .....Respondents
Counsel for the Revisionist : Mr. Vaibhav Singh Chauhan,
Advocate.
Counsel for the respondent : Mr. Manvendra Singh, Advocate.
No.2
Hon'ble Alok Kumar Verma, J.
The revisionist-Shashi Mohan Kaushik was
convicted and sentenced to undergo simple imprisonment
for a period of six months along with a fine of Rs. 6,30,000/-
for the offence under Section 138 of the Negotiable
Instruments Act, 1881. A Criminal Appeal (No.75 of 2023)
was filed by the revisionist against the judgment and order
dated 12.05.2023, passed by learned Additional Chief
Judicial Magistrate/Ist Additional Senior Civil Judge,
Haridwar in Complaint Case No.530 of 2019. The Criminal
Appeal has been dismissed vide judgment and order dated
24.02.2024, passed by the learned IVth Additional Sessions
Judge, Haridwar.
2. Today, before the National Lok Adalat, the
revisionist-Shashi Mohan Kaushik is present in-person with
Mr. Vaibhav Chauhan, Advocate and the respondent no.2-
Smt. Rajrani, the complainant is present in-person with Mr.
Manvendra Singh, Advocate.
3. Both the parties have submitted that they have
settled their disputes.
4. The respondent no.2 has further submitted that
she has received Rs.7,00,000/- (Rupees Seven Lakh) from
the revisionist. The revisionist has deposited Rs.1,26,000/-
before the Appellate Court. The said amount, i.e.
Rs.1,26,000/- will be returned to the revisionist.
5. Both the parties have filed a Compromise
Application. They have further submitted that they have
filed the Compromise Application with their free will and
without any pressure.
6. Both the parties have requested to decide the
present matter on the basis of the compromise.
7. The Compromise Application is verified.
8. The present Criminal Revision (No.237 of 2024)
deserves to be allowed and is accordingly allowed by holding
that since the offence has been compounded, the revisionist
is entitled to acquittal.
9. Consequently, the judgment and order dated
12.05.2023, passed by learned Additional Chief Judicial
Magistrate/Ist Additional Senior Civil Judge, Haridwar and
judgment and order dated 24.02.2024, passed by learned
IVth Additional Sessions Judge, Haridwar are set aside. The
revisionist is ordered to be acquitted of the charge levelled
against him.
10. The Compromise Application will form part of this
order.
__________________
ALOK KUMAR VERMA, J.
Dated : 11th May, 2024
JKJ/Shiv
