Uttarakhand High Court
3 August vs State Of Uttarakhand & Another on 13 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:7130
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 443 of 2025
13 August, 2025
Umesh Kumar
--Revisionist
Versus
State Of Uttarakhand & another
--Respondents
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Presence:-
Mr. Manoj Mohan, learned counsel for the revisionist.
Mr. B.C. Joshi, learned AGA for the State.
Mr. Rahul Singh Bhandari, learned counsel for respondent no.2.
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Hon'ble Pankaj Purohit, J.
This is a criminal revision filed under Section
438/442 of BNSS, 2023 against the judgment and order
dated 27.03.2023, passed by Judicial Magistrate, Almora in
Criminal Case No.754 of 2021, Puskar Kumar vs. Umesh
Kumar, whereby the revisionist was convicted under
Section 138 of Negotiable Instruments Act and sentenced to
undergo six months' imprisonment with fine of
Rs.1,65,000/- as well as the judgment and order dated
15.04.2025, passed by learned Sessions Judge, Almora in
Criminal Appeal No.19 of 2023, Umesh Kumar vs. Puskar
Kumar & another, which too was dismissed by learned
appellate court and the judgment and order dated
27.03.2023 by which the revisionist was convicted was
affirmed.
2. Along with criminal revision, joint compounding
application (IA No.3/2025) has been filed by the parties.
3. The present criminal revision has been filed on a
2025:UHC:7130
premise that parties have entered into compromise and
settled the dispute amicably by making the payment of
amount under disputed cheque to the respondent no.2-
Puskar Kumar.
4. A compounding application supported by
separate affidavits of the parties has been filed in which
it has been stated that the parties have settled the
dispute amicably and since the amount under cheque
has been received by respondent no.2, therefore, there is
no reason to continue with the aforesaid proceedings.
5. Revisionist-Umesh Kumar and respondent
no.2-Puskar Kumar are present in the Court being duly
identified by their respective counsel.
6. On interaction with respondent no.2-Puskar
Kumar, he stated that he received an amount under cheque
of Rs.1,65,000/- and he does not want to pursue with the
case anymore.
7. Since the parties have settled the dispute
amicably and do not want to pursue the aforesaid criminal
case, therefore, there is no useful purpose for keeping this
criminal case pending. The judgments and orders passed
by learned trial court as well as appellate court impugned
in this criminal revision deserve to be set-aside.
8. Accordingly, compounding application
(IA/3/2025) is allowed. The compromise arrived at
between the parties is accepted. With the result, the
judgment and order dated 27.03.2023, passed by Judicial
Magistrate, Almora in Criminal Case No.754 of 2021,
Puskar Kumar vs. Umesh Kumar, whereby the revisionist
was convicted under Section 138 of Negotiable Instruments
Act and sentenced to undergo six months' imprisonment
with fine of Rs.1,65,000/- as well as the judgment and
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order dated 15.04.2025, passed by learned Sessions Judge,
Almora in Criminal Appeal No.19 of 2023, Umesh Kumar
vs. Puskar Kumar & another are hereby set-aside, subject to
the condition that revisionist shall deposit Rs.24,000/- as
compensation in terms of the judgment of the Apex Court
in the case of Damodar S. Prabhu vs. Sayed Babalal H.
reported in AIR 2010 SC1907 before the trial court within
two months from today.
9. Present criminal revision thus stands allowed
on the basis of compromise entered into between the
parties.
10. Pending application, if any, stands disposed of
accordingly.
(Pankaj Purohit, J.)
13.08.2025
AK
