2025:UHC:471 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 704 of 2024 With IA No. 05 of 2025 (Compounding Application) 10 January, 2025 Khilap Singh Gariya --Revisionist Versus Balbir Singh Bisht & Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Yogesh Kumar Sharma, counsel for the revisionist. Mr. Deepak Bisht, learned D.A.G. for the State. Mr. Dheeraj Joshi, counsel for the respondent no. 1/complainant. ---------------------------------------------------------------------- Hon'ble Vivek Bharti Sharma, J. This present revision is filed under Sections 438 & 442 of B.N.S.S. by the revisionist for quashing of the judgment and order dated 07.05.2024 passed by learned Civil Judge (Senior Division)/Additional Chief Judicial Magistrate Karnprayag, District Chamoli in Complaint Case No. 121 of 2023 for the offence punishable under Section 138 of Negotiable Instruments Act at Police Station Karnprayag, District Chamoli, whereby the revisionist has been convicted and sentenced for the offence punishable 2025:UHC:471 2 under Section 138 of the Negotiable Instruments Act. 2. In this revision, the revisionist and the respondent no.1/complainant have filed a joint Compounding Application No. 05 of 2025 alongwith the affidavits of nephew of the revisionist and the respondent no.1/complainant. 3. Heard learned counsel for the parties and perused the material available on file. 4. Today, the respondent no.1/complainant is present in the Court as identified by his respective counsel. 5. Both the parties have accepted the compromise. The Court particularly asked the complainant/respondent no.1, who is the complainant in the case, who would submit that he has settled the dispute with the revisionist as he has received the entire money due from revisionist. 6. Since the revisionist and the respondent no.1/complainant have settled the dispute, the offence under Section 138 of the Act gets compounded. Consequently, the revisionist is entitled to acquittal from the charges as levelled against him in the present case. 2025:UHC:471 3 7. Accordingly, the Criminal Revision is allowed. The orders, under challenge, are set aside. The revisionist is acquitted of the charge punishable under Section 138 of the Negotiable Instruments Act. 8. The Compounding Application (IA No.05 of 2025) stands disposed of, accordingly. 9. The revisionist, if in jail, be released if not wanted in any other case. 10. Copy of the order be sent to the concerned Jail Superintendent by e-mail also for compliance. (Vivek Bharti Sharma, J.) 10.01.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=5a2e7119d3eefb9c3389d15c3446ac8c20a28e181 142c2e31d8b803058deb4ec, postalCode=263001, st=UTTARAKHAND, serialNumber=27096A1625377537A487DEE49224C891823 FC6A0334628B21E516047ED4F22F7, cn=AKASH Date: 2025.01.10 16:04:00 +05'30'