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2025 DAILYLAW 37247 (ALL)

DIWAKAR SAGAR v. STATE OF U.P. AND ANOTHER

CRLR/1673/2025 · 2025-07-17

Manjive Shukla

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:117093 Court No. - 86 Case :- CRIMINAL REVISION No. - 1673 of 2025 Revisionist :- Diwakar Sagar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pradeep Kumar,Rooma Singh Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard Sri Pradeep Kumar Kashyap, learned counsel appearing for the revisionist, learned Additional Government Advocate appearing for the State and Ms. Vaishali Kushwaha, learned counsel appearing for Opposite Party No.2. 2. The instant criminal revision has been filed challenging therein, the judgment and order dated 14.5.2024 passed by the learned Presiding Officer, Additional Court (N.I. Act), Bareilly in Complaint Case No.216 of 2021 (Ajay Kumar Vs. Diwakar Sagar) under Section 138 N.I. Act whereby, the revisionist had been convicted and had been sentenced for simple imprisonment of three months along with fine of Rs.1,60,000/-. 3. The revisionist through this criminal revision has also challenged the judgment and order dated 15.2.2025 passed by the learned Additional Sessions Judge, Court No.3, Bareilly in Criminal Appeal No.57 of 2024 (Diwakar Sagar Vs. State of U.P. & another) whereby, the appeal filed by the revisionist had been dismissed and the order of conviction and sentence dated 14.5.2024 had been affirmed. 4. Learned counsel appearing for the revisionist, at the very outset, submits that after filing of this revision, the revisionist and Opposite Party No.2 have entered into a compromise and have settled their disputes amicably and the revisionist had paid the entire outstanding amount to Opposite Party No.2 as directed by the learned trial court. 5. Ms. Vaishali Kushwaha, learned counsel appearing for Opposite Party No.2 has admitted that the parties have entered into a compromise and now there is no dispute amongst them. She also does not have any objection if this criminal revision is allowed and the orders impugned in this criminal revision are set aside. 6. I have considered the submissions advanced by the learned counsels appearing for the parties. 7. I find that the parties have settled their dispute through compromise. 8. In view of the aforesaid submissions, this criminal revision is allowed. The judgment and order dated 14.5.2024 passed by the learned Presiding Officer, Additional Court (N.I. Act), Bareilly in Complaint Case No.216 of 2021 (Ajay Kumar Vs. Diwakar Sagar) and the order dated 15.2.2025 passed by the learned Additional Sessions Judge, Court No.3, Bareilly in Criminal Appeal No.57 of 2024 (Diwakar Sagar Vs. State of U.P. & another), are hereby set aside. 9. The amount, if any, deposited before the trial court, if not paid to Opposite Party No.2 till date, shall be released in his favour forthwith. Order Date :- 18.7.2025 Gaurav Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad