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2025 DAILYLAW 9609 (UTT)

ANITA NEGI v. STATE OF UTTARAKHAND

CRLR/451/2022 · 2025-03-08

Daily Lok Adalat

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL (Before the National Lok Adalat) THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 08TH MARCH, 2025 CRIMINAL REVISION No.451 of 2022 Anita Negi. .....Revisionist Versus State of Uttarakhand and Another. ..…Respondents Counsel for the Revisionist : Mr. Amit Kapri, Advocate. Counsel for the State : Mr. V.S. Rawat, A.G.A. assisted by Mr. Pradeep Lohani, Brief Holder. Counsel for the Respondent : Mr. Ajay Joshi, No.2 Advocate. Hon’ble Alok Kumar Verma,J. The revisionist-accused Anita Negi was convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.1,65,000/- for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. An Appeal (Criminal Appeal No.247 of 2019) was filed against the said judgment dated 20.07.2019, passed by learned Judicial Magistrate/Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar in Criminal Case No.1141 of 2013. The said Appeal has been dismissed vide judgment dated 02.05.2022, passed by learned IInd Additional Sessions Judge, Kashipur, District Udham Singh Nagar. 2 2. The present Criminal Revision has been filed along with an Application under Section 5 of the Limitation Act, 1963 to condone the delay of 04 days. 3. Mr. Amit Kapri, learned counsel for revisionist, Mr. V.S. Rawat, learned A.G.A. assisted by Mr. Pradeep Lohani, learned Brief Holder and Mr. Ajay Joshi, learned counsel for respondent no.2. 4. The Delay Condonation Application has not been opposed by the respondents. The Delay Condonation Application is allowed. The delay is condoned. 5. The revisionist-Anita Negi is present in-person. She is identified by Mr. Amit Kapri, Advocate. 6. Learned counsel for both the parties submitted that both the parties have filed a Compromise Application. As per compromise, the respondent no.2-complainant has already received the entire amount from the revisionist. 7. Learned counsel appearing for the respondent no.2-complainant submitted that the complainant has compounded the said offence with free will and without any pressure. 8. Compromise is verified. 9. The present Criminal Revision (No.451 of 2022) deserves to be allowed and is accordingly allowed by holding that since the offence has been compounded, the revisionist is entitled to acquittal. 3 10. Consequently, the judgment dated 20.07.2019, passed by learned Judicial Magistrate/Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar in Criminal Case No.1141 of 2013 and judgment dated 02.05.2022, passed by learned IInd Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal No.247 of 2019, are set aside. 11. The revisionist is ordered to be acquitted of the charge levelled against her. 12. The Compromise Application will form part of this order. ___________________ ALOK KUMAR VERMA, J. Dt:08th March, 2025 JKJ/Neha