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2025:UHC:3365
HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 350 of 2024 01 May, 2025
Jagneshwar Prasad --Revisionist
Versus
State of Uttarakhand and another --Respondent ---------------------------------------------------------------------- Presence:- Mr. Harsh Vardhan Dhanik, Advocate for the petitioner. Mr. Pratiroop Pandey, learned Assistant Government Advocate for the State. Mr. Imran Ali Khan, Advocate for respondent no.2 ---------------------------------------------------------------------- Hon'ble Vivek Bharti Sharma, J.
This criminal revision is preferred for setting aside the impugned judgment and order dated 04.04.2024 passed by learned IIIrd Additional District and Sessions Judge, Rudrapur, District Udham Singh Nagar in Criminal Appeal No.214 of 2018, “Jagneshwar Anand Vs. State and another” by which Appellate Court dismissed the appeal of the revisionist and sustained the judgment and order dated 26.09.2018 passed by learned Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Complaint Case No.433 of 2017, “Mukhtyar Singh Vs. Jagneshwar Prasad”. By its judgment, the Trial Court convicted the revisionist U/s 138 of 1
2025:UHC:3365 Negotiable Instrument Act and sentenced him for 6 months simple imprisonment along with fine of ₹4,00,000/- out of which ₹3,92,400/- is to be paid to respondent no.2/complainant and ₹7,600/- will be deposited in favour of State, in default of payment of fine the revisionist will serve one month of additional simple imprisonment. 2. In view of the fact that a Compounding Application was filed by the parties before this Court, this Court vide order dated 27.03.2025 had directed the parties to appear before the Secretary, DLSA, Udham Singh Nagar in order to get their statements recorded and to verify the compromise deed. 3. Pursuant to such order, the Secretary, DLSA, Udham Singh Nagar has submitted his report dated 08.04.2025 which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise. 4. In view of the above, Compounding Application (IA No.3 of 2025) is allowed. As a consequence thereof, the impugned judgment and order dated 04.04.2024 passed by learned IIIrd Additional District and Sessions Judge, Rudrapur, 2
2025:UHC:3365 District Udham Singh Nagar in Criminal Appeal No.214 of 2018, “Jagneshwar Anand Vs. State and another” and order dated 26.09.2018 passed by learned Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Complaint Case No.433 of 2017, “Mukhtyar Singh Vs. Jagneshwar Prasad”, are hereby set aside and entire proceedings arising out of the above Criminal Complaint Case No.433 of 2017,
“Mukhtyar Singh Vs.
Jagneshwar Prasad”, is quashed qua the revisionist. 5. Present criminal revision is, thus, disposed of in terms of the compromise arrived at between the parties. (Vivek Bharti Sharma, J.)
01.05.2025 SS
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