Manoj Nainwal vs Rajneesh Kumar
2025 Latest Caselaw 659 UK

Uttarakhand High Court

Manoj Nainwal vs Rajneesh Kumar on 2 July, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

     HIGH COURT OF UTTARAKHAND AT NAINITAL
                  Criminal Revision No.403 of 2025


Manoj Nainwal                                       .........Revisionist
                                 Versus
Rajneesh Kumar                                      .........Respondent
Mr. Pankaj Singh Chauhan, Advocate for the revisionist.
Mr. Subhash Joshi, Advocate for the respondent
Hon'ble Pankaj Purohit, J. (Oral)

This criminal revision is filed against the judgment and order dated 02.12.2023 passed by learned 1st Additional Sessions Judge, Nainital in Criminal Appeal No.04 of 2023, Manoj Nainwal vs. State of Uttarakhand and another as well as the judgment/order dated 16.01.2023 passed by learned Addl. Judicial Magistrate, Nainital in Criminal Complaint No.792 of 2019, whereby the revisionist has been convicted under Section 138 of Negotiable Instruments Act 1881 and has been sentenced to undergo rigorous imprisonment for a period of one year along with a fine of ` 4,25,000/- out of the fine amount ` 4,20,000/- will have to be given as compensation to the respondent/complainant and ` 5,000/- fine will have to be paid into the Government account with default stipulation of additional two months rigorous imprisonment.

2. As per the report of the Registry, there is a delay of 486 days in filing the present revision. An application for condonation of delay, supported by an affidavit, has been filed with the averments that the delay of 486 days occurred due to the reasons that the revisionist due to lack of legal knowledge and illness could not file the present criminal

revision within time before this Hon'ble Court. Therefore, the delay in filing the present revision be condoned.

3. Learned counsel for respondent has no objection to grant of application for condonation of delay.

4. Cause shown is sufficient. Delay condonation application is allowed. Delay in filing the criminal revision is condoned.

5. Along with the present revision a Compounding Application IA No.3/2025 duly supported by affidavits of the revisionist's father as the revisionist is in jail and Rajneesh Kumar, complainant has been filed by the parties stating therein that the revisionist and the complainant have settled their dispute amicably outside the Court and now they have no grudge against each other. It is also stated that both the parties have entered into compromise with their own free will without any fear or pressure and that the respondent does not want to prosecute the revisionist any further.

6. Revisionist's father and Mr. Rajneesh Kumar are present in the Court personally and are duly identified by their counsel.

7. Mr. Rajneesh Kumar respondent/complainant would submit that the revisionist has paid `4,10,000/- through cheque to him and now, he does not wish to pursue the case any further.

8. In view of the fact that a compounding application has been filed by the parties and since both the

parties have settled the dispute, which was purely private in nature, there is no use in keeping this revision pending and it would be appropriate to decide the same on the basis of compromise arrived at between the parties. It has been mentioned in the compounding application that Rs.85,000/- has already been deposited by the revisionist in the learned trial court on 25.04.2023 (20% of Rs.4,25,000/-). Fine of Rs.5,000/- has also been paid (Annexure-2 to the compounding application).

9. Consequently, impugned judgment and order dated 02.12.2023 passed by learned 1st Additional Sessions Judge, Nainital in Criminal Appeal No.04 of 2023, Manoj Nainwal vs. State of Uttarakhand and another as well as the judgment/order dated 16.01.2023 passed by learned Addl. Judicial Magistrate, Nainital in Criminal Complaint No.792 of 2019, are set aside.

10. Subject to the above, the criminal revision is allowed and the revisionist is acquitted of the charge of offence punishable under Section 138 of Negotiable Instruments Act. The revisionist is in jail. He shall be set free forthwith if not wanted in any other case.

11. Pending applications, if any, also stand disposed of.

(Pankaj Purohit, J.) 02.07.2025 Ravi