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2025 DAILYLAW 41173 (ALL)

YATENDRA PAL SINGH v. STATE OF U.P. AND ANOTHER

CRLR/408/2017 · 2025-04-29

Mohd Azhar Husain Idrisi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67962 Court No. - 83 Case :- CRIMINAL REVISION No. - 408 of 2017 Revisionist :- Yatendra Pal Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ajit Kumar,Subhash Chand Counsel for Opposite Party :- A.K.Bisari,G.A.,R.K.Yadav,Sanjay Singh Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the revisionist, learned counsel for opposite party no. 2 and the leaned A.G.A. Perused the record. 2. Both the parties are present before this Court who have been identified by their respective counsels. 3. The present criminal revision has been filed challenging therein, the order dated 27.9.2016 passed by the learned Additional Chief Judicial Magistrate, Court No. 5, Aligarh, in Complaint Case No. 318 of 2014 under Section 138 of Negotiable Instrument Act, Police Station Banna Devi, District Aligarh, whereby, the revisionist had been convicted and had been sentenced for simple imprisonment of one year along with fine of Rs.4,50,000/-. The revisionist has also challenged the judgment and order dated 25.1.2017 passed by learned Sessions Judge, Aligarh, in Criminal Appeal No. 246 of 2016 whereby, the appeal filed by the revisionist had been dismissed and the conviction order dated 27.9.2016 had been upheld. 4. Learned counsel appearing for the revisionist, at the very outset, submits that after filing of this criminal revision, the revisionist and Opposite Party No. 2 & 3 have entered into a compromise and have settled their disputes amicably. It is further submitted that pursuant to the order passed by this Court on 2.5.2017, the revisionist has already deposited Rs.3,00,000/- (Rupees three lacs only) alleged to have been defrauded by him to opposite party Nos. 2 & 3 before the trial court. 5. Learned counsel appearing for Opposite Party No.2 admits that the parties have entered into a compromise and now there is no dispute amongst them. He 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. Since the revisionist and Opposite Party No.2, who are present before this Court and counsels appearing on their behalf, categorically admit, that they have entered into a compromise and have settled their dispute, which is subject matter of this criminal revision, this criminal revision is liable to be allowed. The Hon'ble Supreme Court had also laid down the law that matter related to an offence punishable under Section 138 of the Negotiable Instruments Act can be settled through compromise amongst the parties at any stage of proceedings. 8. In view of the aforesaid reasons, this criminal revision is allowed. The order dated 27.9.2016 passed by the learned Additional Chief Judicial Magistrate, Court No. 5, Aligarh, in Complaint Case No. 318 of 2014 under Section 138 of Negotiable Instrument Act and the order dated 25.1.2017 passed by learned Sessions Judge, Aligarh, in Criminal Appeal No. 246 of 2016, are hereby set aside. 9. The amount, deposited before the trial court, if not paid to Opposite Party No.2 till date, shall be released in favour of revisionist with the interest accrued thereto, forthwith. Order Date :- 30.4.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad