C528/140/2026
2026 Latest Caselaw 640 UK

Uttarakhand High Court

C528/140/2026 on 4 February, 2026

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                               C528 No.140 of 2026

                               Hon'ble Siddhartha Sah, J.

Mr. Pratul Kumar, learned counsel for the applicant.

2. Mr. Shariq Khurshid, learned counsel through video conferencing appearing for the respondent.

3. The present application under Section 528 of BNSS seeks setting aside of the judgment and order dated 12.07.2019 passed by the Civil Judge (Sr. Division)/Judicial Magistrate, Haldwani, District Nainital in Criminal Case No.44 of 2014, Banshi Lal Sah vs. Chandan Singh Ginwal, under Section 138 of the Negotiable Instruments Act, 1881.

4. When the matter was taken up yesterday, the respondent-Mr. Banshi Lal Sah was present in person had made the statement before this Court that he has received the amount and he does not want to pursue the matter any further.

5. The counsel for the applicant has relied upon the judgment of the Hon'ble Supreme Court in the case of Rajeev Khandelwal vs. State of Maharashtra and another, 2025 LiveLaw (SC) 1103.

6. In that view of the matter, the compounding application which is duly supported by the affidavit of the applicant and the respondent, is liable to be allowed in terms of the compromise arrived at between the parties which is Annexure-2 to the affidavit.

7. The judgment and order dated 12.07.2019 is hereby set aside.

8. The applicant who is in jail be forthwith released, if he is not required in any other case.

9. The compounding application (IA No.2 of 2026) and the criminal miscellaneous application are disposed of accordingly.

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(Siddhartha Sah, J.) Vacation Judge 04.02.2026

Ravi