Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8782
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ASHISH NAITHANI
CRIMINAL REVISION NO. 341 OF 2024
Vinod Chandra Arya
..…Revisionist
Versus
State of Uttarakhand
…Respondent
Counsel for the Revisionist : Mr. Prashant Joshi,
Advocate. Counsel for the State : Mr. Vijay Khanduri, Brief
Holder. Counsel for the Respondent : Mr. Sachin Veer Singh, Advocate. No. 2
Hon’ble Ashish Naithani,J.
The Revisionist-Vinod Chandra Arya, was convicted and sentenced to undergo simple imprisonment for a period of three months along with a fine of ₹2,90,000/- under Section 138 of the Negotiable Instruments Act, 1881. Against the said judgment dated 31.05.2022, passed by the learned Judicial Magistrate, Nainital, in Criminal Case No. 1149 of 2021, a Criminal Appeal (No. 54 of 2022) was preferred. The said Appeal was dismissed vide judgment dated 12.02.2024, passed by the learned Ist Additional District Judge, Nainital. 2. The Revisionist- Vinod Chandra Arya, and Respondent No. 2-Manoj Kumar Sharma, are present in person and are duly identified by their respective counsels. 3. Both the Revisionist and Respondent No. 2 submitted that there were private disputes between them, which have now been amicably resolved. After such resolution, they have filed a Compounding Application (IA No. 03 of 2025) along 1 Criminal Revision No. 341 of 2024, “Vinod Chandra Arya vs. State of Uttarakhand and Another”. Ashish Naithani J.
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2025:UHC:8782 with their affidavits, stating that the same has been executed voluntarily and without any pressure or coercion. 4. The Revisionist submits that he has paid the entire amount of ₹2,90,000/- to Respondent No. 2. Respondent No. 2 also confirms that he has received the said amount in full and final settlement, and that nothing remains outstanding between them. 5. Learned counsel for the State submits that since the dispute between the parties was purely private in nature and has been amicably settled, the State has no objection if the present matter is decided on the basis of the said compromise. 6. Both parties have jointly requested that the present matter be decided in terms of the compromise. 7. In view of the above, the Compounding Application (IA No. 03 of 2025) is allowed. Consequently, the present Criminal Revision also deserves to be allowed and is accordingly allowed. Since the offence has been compounded, the Revisionist is entitled to acquittal. 8.
Consequently, the impugned judgment dated 12.02.2024 passed by the learned Appellate Court and the judgment dated 31.05.2022 passed by the learned Trial Court are hereby set aside. The Revisionist is acquitted of the charge levelled against him. ___________________ ASHISH NAITHANI, J. Dated 06.10.2025 Shiksha/
2 Criminal Revision No. 341 of 2024, “Vinod Chandra Arya vs. State of Uttarakhand and Another”. Ashish Naithani J.
SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.10.06 16:45:04 +05'30'