Abhishek Kumar vs State Of Uttarakhand And Another
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Uttarakhand High Court

Abhishek Kumar 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.202 OF 2024


Abhishek Kumar                                         .....Revisionist

                                  Versus

State of Uttarakhand and Another             .....Respondents


Counsel for the Revisionist :     Mr. Prabhat Bohra, Advocate.

Counsel for the Respondent:       Mr. Pramod Kumar, Advocate
No.2                              holding brief of Mr. Ganesh
                                  Goswami, Advocate.



Hon'ble Alok Kumar Verma, J.

The revisionist-accused 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.2,70,000/-. An

Appeal (Criminal Appeal No.81 of 2022) was filed by the

revisionist against the judgment and order dated

09.11.2022, passed by learned Chief Judicial Magistrate,

Pithoragarh in Complaint Case No.295 of 2020. The

Criminal Appeal has been dismissed vide judgment and

order dated 14.02.2024, passed by learned Sessions Judge,

Pithoragrarh.

2. Today, before the National Lok Adalat, the

revisionist-Abhishek is present in-person with Mr. Prabhat

Bora, Advocate and respondent no.2-Sanjay Kumar is

present in-person. He is identified by Mr. Pramod Kumar,

Advocate.

3. A Compounding Application and affidavits of the

parties are available on the record.

4. Both the parties submitted that they have settled

their disputes. The respondent no.2-claimant Sanjay Kumar

further submitted that he has received Rs.2,65,000/- as

cash from revisionist. They have filed a Compromise

Application before the National Lok Adalat.

5. The Compromise Application is verified.

6. The present Criminal Revision (No.202 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.

7. Consequently, the judgment and order dated

09.11.2022, passed by learned Chief Judicial Magistrate,

Pithoragarh and judgment and order dated 14.02.2024,

passed by learned Sessions Judge, Pithoragrarh are set

aside. The revisionist is ordered to be acquitted of the

charge levelled against him.

8. The Compromise Application will form part of this

order.

__________________ ALOK KUMAR VERMA, J.

Dated : 11th May, 2024 Shiv/