Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2973
HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No.167 of 2025
22 April, 2025
Rahul Kumar Kannaujia
--Revisionist Versus
Amit Kumar Arora
--Respondent
------------------------------------------------------------------------------------ Presence:- Mr. Mahavir Kohli, Advocate for the revisionist Mr. Shivanand Bhatt, Advocate for the respondent. ------------------------------------------------------------------------------------
Hon'ble Vivek Bharti Sharma, J. (Oral)
This revision is filed against the judgment/order dated 04.02.2025 passed by Sessions Judge, Dehradun in Criminal Appeal No.390/2023 “Rahul Kumar Kannaujia vs. State of Uttarakhand & another” as well as the judgment/order dated 10.11.2023 passed by Additional Chief Judicial Magistrate, Dehradun in Criminal Complaint Case No.3717/2020, whereby the revisionist has been convicted under Section 138 of Negotiable Instruments Act and has been sentenced to undergo simple imprisonment for a period of three months along with a fine of ` 2,20,000/-.
2.
During the pendency of present revision, a Compromise/Compounding Application IA No.1/2025 was filed by the parties stating therein that the revisionist and the respondent/complainant have settled their dispute amicably outside the Court and now they have no grudge against each other. It is also stated that both the parties have entered into compromise with their own free will without any fear or pressure and that the respondent/complainant does not want to prosecute the petitioner any further. 1
2025:UHC:2973
3.
This Court, vide order dated 26.03.2025, had directed the parties to appear before the Secretary, DLSA, Dehradun to get their statements recorded and to verify the compromise deed.
4.
Pursuant to such order, Secretary, DLSA, Dehradun has submitted report dated 02.04.2025 which indicates that the parties have settled the dispute amicably without any fear or coercion and that they have also verified the contents of the compromise.
5.
Since both the parties have settled the dispute, which was purely private in nature, there is no use in keeping this revision pending and it would be appropriate to decide the same on the basis of compromise arrived at between the parties.
6.
Consequently, impugned
judgment/order dated 04.02.2025 passed by Sessions Judge, Dehradun in Criminal Appeal No.390/2023 “Rahul Kumar Kannaujia vs. State of Uttarakhand & another” and the judgment/order dated 10.11.2023 passed by Additional Chief Judicial Magistrate, Dehradun in Criminal Complaint Case No.3717/2020, are set aside. The respondent is acquitted of the charge of offence punishable under Section 138 of Negotiable Instruments Act on the basis of compromise arrived at between the parties.
7.
Present revision is
disposed of, accordingly. Compounding application also stands disposed of.
(Vivek Bharti Sharma, J.) 22.04.2025 Rajni
2 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448ac3701 a9ae475a2547e4b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4FC80 D4557562F95BEBA013F530616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.04.24 16:59:39 +05'30'