CRLR/43/2025
2025 Latest Caselaw 3734 UK

Uttarakhand High Court

CRLR/43/2025 on 27 August, 2025

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                              IA No.5 of 2025 (Compounding Application)
                              with
                              CRLR No.43 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Eshan Sachdeva, learned counsel for the Revisionist.

2. Mr. G.C. Joshi, learned AGA for the State of Uttarakhand/1.

3. Mr. Akshay Latwal, learned counsel for the Respondent No.2.

4. Proposed Revisionist was convicted under Section 138 of Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for a period of four months along with a fine of Rs.9,50,000/- vide judgment dated 15.01.2024, passed by the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar. An appeal (Criminal Appeal No.16 of 2024) was filed by the Revisionist. The said appeal has been dismissed vide judgment dated 02.01.2025, passed by the court of learned 1st Additional Sessions Judge, Kashipur, District Udham Singh Nagar. Hence, the present criminal revision.

5. As per last order dated 19.08.2025, whereby according to the learned counsel for the parties, the matter has been settled between the Revisionist and the Respondent No.2, and in this regard, a compounding application (IA No.5/2025) has been filed. It is also brought to the knowledge of this Court that both the parties are in the same jail i.e. Sub-Jail, Haldwani, District Nainital, and the Superintendent of Jail, Sub-Jail, Haldwani, District Nainital was directed to facilitate this Court regarding the appearance of the parties through VC, and in particular, the Revisionist and the Respondent No.2.

6. Today, the Revisionist and the Respondent No.2 are being facilitated through VC by the Jailor, Sub-Jail, Haldwani, District Nainital, and they are being identified by their learned counsel respectively.

7. There is a compounding application filed by the parties as paper no.88, wherein parties have annexed their signatures and it is supported with an affidavit. It is also endorsed by the counsels for the Revisionist and the Respondent No.2. In the compounding application, the parties have stated that they have settled their dispute amicably, and do not want to pursue the matter any further.

8. In view thereof, the compounding application is allowed. The judgment and order dated 02.01.2025 passed in Criminal Appeal No.16 of 2024, "Karan Vasudeva Vs. State of Uttarakhand and others", under Section 138 of the Negotiable Instrument Act, by the court of learned 1st Additional Sessions Judge, Kashipur, District Udham Singh Nagar, are hereby quashed.

(Ashish Naithani, J.) 27.08.2025 Nitesh/