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Uttarakhand High Court
C528/2186/2025 on 13 December, 2025
2025:UHC:11150
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IA No.01 of 2025 (Compounding Application)
In
C-528 No. 2186 of 2025
Hon'ble Ashish Naithani, J.
Mr. Shariq Khurshid, learned counsel for the Applicant.
2. Mr. Prince Chauhan, learned counsel for Respondent.
3. This matter is being taken up in National Lok Adalat held
on 13th of December, 2025.
4. The present criminal misc. application under Section 528
of Bhartiya Nagarik Suraksha Sanhita, 2023 filed on behalf of
the Applicant, Mejar Singh S/o Late Puran Singh against the
Respondent, Avtar Singh S/o Choor Singh; the present
application comes with the prayer that the judgment and order
dated 08.05.2018 passed by Second Additional Sessions Judge,
Kashipur, District Udham Singh Nagar in Criminal Appeal
No.191 of 2024, titled as "Mejar Singh vs. State of Uttarakhand
& Anr." as well as the order dated 18.06.2014 passed by learned
Special Judicial Magistrate, Kashipur, District Udham Singh
Nagar in Criminal Case No.884 of 2013, titled as "Avtar Singh
vs. Mejar Singh" under Section 138 of Negotiable Instruments
Act, 1881, at Police Station Jaspur, District Udham Singh Nagar
in the light of the compromise be set-aside.
5. The present application is also annexed with the
compounding application (IA No.01 of 2025) (page no. 29) that
is supported with the affidavit of the parties and the said
application is being endorsed by the learned counsel for the
Applicant and Respondent, Mr. Shariq Khurshid, Advocate and
Mr. Prince Chauhan, Advocate respectively.
6. The Applicant, Mejar Singh and Respondent, Avtar Singh
2025:UHC:11150
are present before the National Lok Adalat today, who are
identified by their respective counsel.
7. After interacting with the parties especially with
Respondent, Avtar Singh, he makes a statement that the cheque
in question was of `2,50,000/- and now the matter has been
settled between the parties and the Respondent/complainant has
no grievance at all further regarding criminal prosecution and as
such the impugned judgments and orders may be set-aside on
the basis of compounding; the Respondent/complainant has
been received the amount of `2,50,000/- in cash which has been
paid by the Applicant.
8. In view of the above, the compounding application is
allowed. The judgment and order dated 08.05.2018 passed by
Second Additional Sessions Judge, Kashipur, District Udham
Singh Nagar in Criminal Appeal No.191 of 2024, titled as
"Mejar Singh vs. State of Uttarakhand & Anr." as well as the
order dated 18.06.2014 passed by learned Special Judicial
Magistrate, Kashipur, District Udham Singh Nagar in Criminal
Case No.884 of 2013, titled as "Avtar Singh vs. Mejar Singh"
under Section 138 of Negotiable Instruments Act, 1881, at
Police Station Jaspur, District Udham Singh Nagar, are hereby
set-aside.
9. The present Criminal Misc. Application u/s 528 of
B.N.S.S. is, thus, disposed of in terms of the compromise
arrived at between the parties.
(Ashish Naithani, J.)
13.12.2025
Akash
AKASH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c148d14
0566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand,
serialNumber=27096a1625377537a487dee49224c891823fc6a0
334628b21e516047ed4f22f7, cn=AKASH
Date: 2025.12.15 17:01:16 +05'30'
