Vinit Kumar Agarwal Alias Vineet vs State Of Uttarakhand And Another
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Uttarakhand High Court

Vinit Kumar Agarwal Alias Vineet vs State Of Uttarakhand And Another on 8 January, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                        2025:UHC:270
HIGH COURT OF UTTARAKHAND AT NAINITAL
 Criminal Misc Application (u/s 528) No. 29 of 2025
Vinit Kumar Agarwal Alias Vineet                         --Applicant
                               Versus
State Of Uttarakhand and another                    --Respondents
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Presence:-
      Mr. Abhishek Verma, learned counsel for applicant.
      Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr.
      Vipul Painuli and Ms. Sweta Dobhal, learned Brief
      Holders for the State of Uttarakhand.
      Ms. Aishwarya Thapliyal, learned counsel for respondent
      No.2.
Hon'ble Pankaj Purohit, J. (Oral)

By means of the present C528 application, the applicant has put to challenge the judgments and order dated 20.04.2024 passed by learned Third Additional Civil Judge(Jr. Div.)/Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Complaint Case No.3046 of 2021 Arjun Arora Vs. Vinit Kumar Agarwal, u/s 138 of the Negotiable Instruments Act 1881 at Police Station Kashipur, District Udham Singh Nagar as well as the judgment and order dated 21.10.2024 passed by the learned First Additional Session Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal No.45 of 2024 Vinit Kumar Agarwal Vs. State of Uttarakhand and another, in the light of the compromise.

2. Heard learned counsel for the parties and perused the record.

3. A joint compounding application (IA/1/ 2025) has been filed by the applicant and respondent No.2-complainant duly supported by separate affidavits.

2025:UHC:270

4. It is submitted by the parties in the compounding application that they have amicably settled their dispute and the amount under cheque in- question amounting to Rs.50,000/- has now been paid to the respondent No.2-complainant in cash and respondent No.2 is in full satisfaction after receiving that amount.

5. Applicant-Vinit Kumar Agarwal @ Vineet and respondent No.2-Arjun Arora are present before this Court, who are duly identified by their respective counsels.

6. In view of the above, this Court is of the view that it is a case which may be decided on the basis of amicable settlement between the parties. Accordingly, the C528 application deserves to be allowed.

8. Accordingly, the C528 application is allowed. The judgment and order dated 20.04.2024 passed by learned Third Additional Civil Judge(Jr. Div.)/Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Complaint Case No.3046 of 2021 Arjun Arora Vs. Vinit Kumar Agarwal, and the judgment and order dated 21.10.2024 passed by the learned First Additional Session Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal No.45 of 2024 Vinit Kumar Agarwal Vs. State of Uttarakhand and another, are hereby set aside.

9. Compounding application (IA/1/2025) stands disposed of accordingly.

(Pankaj Purohit, J.) 08.01.2025 PN PREETI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f 0276c16432f6aab, postalCode=263001, st=UTTARAKHAND,

NEGI serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D 84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.01.08 16:28:33 +05'30'