Uttarakhand High Court
May vs State Of Uttarakhand And Another on 1 May, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
2025:UHC:3365
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 350 of 2024
01 May, 2025
Jagneshwar Prasad --Revisionist
Versus
State of Uttarakhand and another --Respondent
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Presence:-
Mr. Harsh Vardhan Dhanik, Advocate for the petitioner.
Mr. Pratiroop Pandey, learned Assistant Government Advocate for
the State.
Mr. Imran Ali Khan, Advocate for respondent no.2
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Hon'ble Vivek Bharti Sharma, J.
This criminal revision is preferred for
setting aside the impugned judgment and order dated
04.04.2024 passed by learned IIIrd Additional
District and Sessions Judge, Rudrapur, District
Udham Singh Nagar in Criminal Appeal No.214 of
2018, "Jagneshwar Anand Vs. State and another" by
which Appellate Court dismissed the appeal of the
revisionist and sustained the judgment and order
dated 26.09.2018 passed by learned Judicial
Magistrate, Khatima, District Udham Singh Nagar in
Criminal Complaint Case No.433 of 2017, "Mukhtyar
Singh Vs. Jagneshwar Prasad". By its judgment, the
Trial Court convicted the revisionist U/s 138 of
2025:UHC:3365
Negotiable Instrument Act and sentenced him for 6
months simple imprisonment along with fine of
₹4,00,000/- out of which ₹3,92,400/- is to be paid to
respondent no.2/complainant and ₹7,600/- will be
deposited in favour of State, in default of payment of
fine the revisionist will serve one month of additional
simple imprisonment.
2. In view of the fact that a Compounding
Application was filed by the parties before this Court,
this Court vide order dated 27.03.2025 had directed
the parties to appear before the Secretary, DLSA,
Udham Singh Nagar in order to get their statements
recorded and to verify the compromise deed.
3. Pursuant to such order, the Secretary,
DLSA, Udham Singh Nagar has submitted his report
dated 08.04.2025 which clearly indicates that the
parties have settled the dispute amicably and have
also verified the contents of the compromise.
4. In view of the above, Compounding
Application (IA No.3 of 2025) is allowed. As a
consequence thereof, the impugned judgment and
order dated 04.04.2024 passed by learned IIIrd
Additional District and Sessions Judge, Rudrapur,
2025:UHC:3365
District Udham Singh Nagar in Criminal Appeal
No.214 of 2018, "Jagneshwar Anand Vs. State and
another" and order dated 26.09.2018 passed by
learned Judicial Magistrate, Khatima, District Udham
Singh Nagar in Criminal Complaint Case No.433 of
2017, "Mukhtyar Singh Vs. Jagneshwar Prasad", are
hereby set aside and entire proceedings arising out of
the above Criminal Complaint Case No.433 of 2017,
"Mukhtyar Singh Vs. Jagneshwar Prasad", is quashed
qua the revisionist.
5. Present criminal revision is, thus, disposed
of in terms of the compromise arrived at between the
parties.
(Vivek Bharti Sharma, J.)
01.05.2025
SS
