Chanchal Singh Chauhan vs State Of Uttarakhand And Another
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Uttarakhand High Court

Chanchal Singh Chauhan 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

          THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        11TH MAY, 2024

           Before the National Lok Adalat

            CRIMINAL REVISION NO. 294 of 2024



Chanchal Singh Chauhan              ...                Revisionist

                              Versus

State of Uttarakhand and Another                    ...Respondents


Counsel for the Revisionist     :         Mr. Deep Prakash Bhatt,
                                          Advocate.

Counsel for the State           :         Mr. Rakesh Negi, Brief
                                          Holder with Ms.
                                          Meenakshi Sharma, Brief
                                          Holder.

Counsel for the Respondent      :         Mr. Amit Kapri, Advocate
No. 2.

Hon'ble Alok Kumar Verma,J.

The revisionist-accused Chanchal Singh Chauhan

was convicted and sentenced to undergo imprisonment for a

period of six months along with a fine of Rs. 5,20,000/- for

the offence under Section 138 of the Negotiable Instruments

Act, 1881. An Appeal (Criminal Appeal No. 7 of 2024) was

filed against the judgment and order dated 08.12.2023,

passed by learned Chief Judicial Magistrate, Pithoragarh,

District Pithoragarh in Complaint Case No. 466 of 2021. The

said Criminal Appeal has been dismissed vide judgment

dated 05.04.2024, passed by learned Sessions Judge,

Pithoragarh, District Pithoragarh.

2. Today, before the National Lok Adalat, the

revisionist-Chanchal Singh Chauhan is present in-person. He

is identified by Mr. Deep Prakash Bhatt, Advocate.

3. Mr. Narendra Singh Mangla, the respondent no. 2-

complainant is present through video calling on the mobile

phone of Mr. Amit Kapri. He is identified by Mr. Amit Kapri,

Advocate.

4. Both the parties submitted that they have settled

their disputes amicably, and after resolving their disputes,

they have filed a Compromise Application today.

5. As per the Compromise, a sum of Rs. 4,16,000/-

has already been received by respondent no. 2-claimant and

the rest amount i.e. Rs. 1,04,000/- has also been deposited

by the revisionist before the Appellate Court.

6. Respondent no. 2-complainant is authorized by

the revisionist to withdraw the said amount i.e. Rs.

1,04,000/-

7. Both the parties submitted that they have filed the

Compromise Application with their free will and without any

pressure.

8. The Compromise Application, filed today, is

verified.

9. The present Criminal Revision (No.294 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.

10. Consequently, the judgment and order dated

08.12.2023, passed by learned Chief Judicial Magistrate,

Pithoragarh and judgment and order dated 05.04.2024,

passed by learned Sessions Judge, Pithoragrarh are set

aside. The revisionist is ordered to be acquitted of the

charge levelled against him.

11. The Compromise Application will form part of this

order.

___________________ ALOK KUMAR VERMA, J.

Dt: 11th May, 2024 JKJ/Shiksha