Shashi Mohan Kaushik vs State Of Uttarakhand And Another
2024 Latest Caselaw 922 UK

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.235 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. 3,30,000/-

for the offence under Section 138 of the Negotiable

Instruments Act, 1881. A Criminal Appeal (No.74 of 2023)

was filed by the revisionist against the judgment and order

dated 16.05.2023, passed by learned Additional Chief

Judicial Magistrate/Ist Additional Senior Civil Judge,

Haridwar in Complaint Case No.632 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.4,00,000/- (Rupees Four Lakh) from the

revisionist. The revisionist has deposited Rs.66,000/- before

the Appellate Court. The said amount, i.e. Rs.66,000/- 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.235 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

16.05.2023, 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