Uttarakhand High Court
Vinod Chandra Arya vs State Of Uttarakhand on 6 October, 2025
2025:UHC:8782
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ASHISH NAITHANI
CRIMINAL REVISION NO. 341 OF 2024
Vinod Chandra Arya .....Revisionist
Versus
State of Uttarakhand ...Respondent
Counsel for the Revisionist : Mr. Prashant Joshi,
Advocate.
Counsel for the State : Mr. Vijay Khanduri, Brief
Holder.
Counsel for the Respondent : Mr. Sachin Veer Singh, Advocate.
No. 2
Hon'ble Ashish Naithani,J.
The Revisionist-Vinod Chandra Arya, was convicted and sentenced to
undergo simple imprisonment for a period of three months along with a fine of
₹2,90,000/- under Section 138 of the Negotiable Instruments Act, 1881. Against the
said judgment dated 31.05.2022, passed by the learned Judicial Magistrate, Nainital,
in Criminal Case No. 1149 of 2021, a Criminal Appeal (No. 54 of 2022) was
preferred. The said Appeal was dismissed vide judgment dated 12.02.2024, passed
by the learned Ist Additional District Judge, Nainital.
2. The Revisionist- Vinod Chandra Arya, and Respondent No. 2-Manoj
Kumar Sharma, are present in person and are duly identified by their respective
counsels.
3. Both the Revisionist and Respondent No. 2 submitted that there were
private disputes between them, which have now been amicably resolved. After such
resolution, they have filed a Compounding Application (IA No. 03 of 2025) along
Criminal Revision No. 341 of 2024, "Vinod Chandra Arya vs. State of Uttarakhand and Another".
Ashish Naithani J.
2025:UHC:8782
with their affidavits, stating that the same has been executed voluntarily and without
any pressure or coercion.
4. The Revisionist submits that he has paid the entire amount of
₹2,90,000/- to Respondent No. 2. Respondent No. 2 also confirms that he has
received the said amount in full and final settlement, and that nothing remains
outstanding between them.
5. Learned counsel for the State submits that since the dispute between
the parties was purely private in nature and has been amicably settled, the State has
no objection if the present matter is decided on the basis of the said compromise.
6. Both parties have jointly requested that the present matter be decided in
terms of the compromise.
7. In view of the above, the Compounding Application (IA No. 03 of
2025) is allowed. Consequently, the present Criminal Revision also deserves to be
allowed and is accordingly allowed. Since the offence has been compounded, the
Revisionist is entitled to acquittal.
8. Consequently, the impugned judgment dated 12.02.2024 passed by the
learned Appellate Court and the judgment dated 31.05.2022 passed by the learned
Trial Court are hereby set aside. The Revisionist is acquitted of the charge levelled
against him.
___________________
ASHISH NAITHANI, J.
Dated 06.10.2025
Shiksha/
SHIKSHA BINJOLA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND,
serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA
Date: 2025.10.06 16:45:04 +05'30'
Criminal Revision No. 341 of 2024, "Vinod Chandra Arya vs. State of Uttarakhand and Another".
Ashish Naithani J.
