Uttarakhand High Court
C482/546/2024 on 11 September, 2025
2025:UHC:8183
S Office Notes,
L reports, orders or
. proceedings or
Date COURT'S OR JUDGE'S ORDERS
N directions and
o Registrar's order
. with Signatures
IA No.01 of 2024 (Compounding Application)
In
C482 No. 546 of 2024
Hon'ble Ashish Naithani, J.
Mr. Akshay Pradhan, learned counsel for the
Applicant.
2. Mr. N. S. Kanyal, learned A.G.A. assisted by Mr.
Rakesh Negi, learned Brief Holder for the State.
3. Mr. Shashank Pandey, learned counsel for Respondent
no. 2.
4. The present criminal misc. application under Section
482 of Cr.P.C is filed on behalf of the Applicant, Sushil
Kumar S/o Late Shri Rajpal against the Respondent in
particular Respondent no.2, Bharat Kapoor S/o H. M.
Kapoor; the present application comes with the prayer that
the judgment and order dated 05.12.2018 passed by learned
Additional Chief Judicial Magistrate, Roorkee, District
Haridwar in Complaint Case No.2838 of 2018, titled as "H.
M. Kapoor vs. Sushil Kumar" for the offence punishable
under Section 138 of Negotiable Instruments Act, whereby
the learned court below has convicted and sentenced the
Applicant for two years simple imprisonment and fine of
Rs. 4,50,000/- under Section 138 of NI Act and further the
judgment and order dated 19.06.2023 passed by IIIrd
Additional Sessions Judge, Haridwar, in Criminal Appeal
No.250 of 2018, titled as "Sushil Kumar vs. State & Anr.",
whereby the learned Appellate Court has dismissed the
criminal appeal preferred by the Applicant against the
judgment and order dated 05.12.2018, be quashed.
2025:UHC:8183
5. Compounding Application (IA No.01 of 2025) is also
annexed with the signatures of the parties with the present
petition that is supported with the affidavits of the parties
and the said application is being endorsed by the learned
counsel for the Applicant and Respondent no. 2, Mr. Akshay
Pradhan, Advocate and Mr. Shashank Pandey, Advocate
respectively.
6. The Petitioner, Sushil Kumar and Respondent no. 2,
Bharat Kapoor are present before this Court through V.C,
who are identified by their respective counsel.
7. After interacting with the parties, especially with
Respondent no.2, he makes a statement that the matter has
been settled amicably between the parties as the agreed
amount has been paid by the Applicant to Respondent no.2,
now there is no dispute between them and he does not want
to prosecute the Applicant in any manner. Thus, the
continuation of the proceedings will be nothing but a gross
misuse of process of law, whereas learned State counsel
poses his formal objection in this regard.
8. In view of the above, the compounding application is
allowed. The judgment and order dated 05.12.2018 passed
by learned Additional Chief Judicial Magistrate, Roorkee,
District Haridwar in Complaint Case No.2838 of 2018, titled
as "H. M. Kapoor vs. Sushil Kumar" for the offence
punishable under Section 138 of Negotiable Instruments Act
and the judgment and order dated 19.06.2023 passed by IIIrd
Additional Sessions Judge, Haridwar, in Criminal Appeal
No.250 of 2018, titled as "Sushil Kumar vs. State & Anr.",
are hereby quashed against the Applicant.
2025:UHC:8183
9. The offence under Section 138 of N.A. Act against the
Applicant, Sushil Kumar S/o late Shri Rajpal is
compounded. Consequent to it, the Applicant stands
acquitted of the charge under Section 138 of N.A. Act.
10. The present Criminal Misc. Application u/s 482 of
Cr.P.C. is, thus, disposed of in terms of the compromise
arrived at between the parties.
(Ashish Naithani, J.)
11.09.2025
Akash
AKASH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef735
18c148d140566ab1e26f9cbe61d,
postalCode=263001, st=Uttarakhand,
serialNumber=27096a1625377537a487dee49224c89
1823fc6a0334628b21e516047ed4f22f7, cn=AKASH
Date: 2025.09.15 18:18:37 +05'30'
2025:UHC:8183
