Uttarakhand High Court

CRLR/443/2025 on 16 July, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                         CRLR No.443 of 2025
                                         Hon'ble Pankaj Purohit, J.

Mr. Manoj Mohan and Mr. Girish Kumar Arya, learned counsel for the revisionist.

2. Mr. B.C. Joshi, learned AGA for the State.

3. This criminal revision is directed against the judgment and order dated 27.03.2023 passed by learned Judicial Magistrate, Almora in Criminal Case No.754 of 2021, Pushkar Kumar vs. Umesh Kumar, whereby the revisionist has been convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced for six months' S.I. along with a fine of Rs.1,65,000/- with default stipulation of two months' additional S.I. and it is further directed that out of the amount of fine imposed Rs.1,60,000/- was to be paid by the revisionist to the respondent no.2-complaiannt 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. Pushkar Kumar & another, whereby the appeal was dismissed and the judgment and order passed by learned trial court was affirmed.

4. Learned counsel for the revisionist submits that after dismissal of the appeal, the entire amount of compensation has been paid to the respondent no.2/complainant on the basis of

compromise entered into between the parties. The compromise sheet is being produced before this Court and the same is taken on record.

5. Learned counsel for the revisionist further submits that he would file the compounding application very soon and for that purpose, he needs sometime.

6. In view of the aforesaid facts and circumstances of the case, the exemption application (IA No.2/2025) is allowed.

7. Issue notice to the respondent no.2, returnable within four weeks.

8. Steps forthwith.

9. List on 06.08.2025.

(Pankaj Purohit, J.) 16.07.2025 AK