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High Court of Uttarakhand · body

2026 DAILYLAW 155 (UTT)

HABIB KHAN v. VIJAY KUMAR

CRLR/764/2025 · 2026-01-07

Ashish Naithani

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

]SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:307 (Compounding Appl. No.03 of 2025) In CRLR No.764 of 2025 Hon’ble Ashish Naithani, J. Mr. Pradeep Chamyal, learned counsel for the Revisionist. 2. Mr. Imran Khan, learned counsel for the Respondent. 3. Present revision has been filed by the revisionist under Section 438/442 of the B.N.S.S. alongwith compounding application paper no.51, which is supported with the affidavits of revisionist and respondent no.2 wherein parties have annexed their signatures. 4. By means of this revision, revisionist has sought quashing of the impugned judgment and order dated 24.12.2024 passed by the learned Additional Civil Judge (S.D.)/Judicial Magistrate Khatima, Udham Singh Nagar in Criminal Case No.1004/2019 (Vijay Kumar Vs. Habib Khan) under Section 138 of The Negotiable Instruments Act and the judgment and order dated 08.10.2025 passed by the learned Additional Session Judge, Khatima, Udham Singh Nagar in Criminal Appeal No.04 of 2025. Further prayer has been made to stay the conviction of the revisionist pursuant to aforesaid judgments. 5. Revisionist as well as respondent no.2 are present in the Court. They are duly identified by their respective counsels. 6. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 7. Learned State counsel has opposed the compounding application stating that some of the offences are non-compoundable. 8. Heard learned counsel for the parties and perused the material available on record. 9. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings pursuant to impugned judgment and order dated 24.12.2024 passed by the learned Additional Civil Judge (S.D.)/Judicial Magistrate Khatima, Udham Singh Nagar in Criminal Case No.1004/2019 as well as judgment and order dated 08.10.2025 passed by the learned Additional Session Judge, Khatima, Udham Singh Nagar in Criminal Appeal No.04 of 2025 are hereby quashed. 10. Learned Trial Court is directed to release 20% of the statutory amount, deposited by the revisionist, in favour of respondent-Vijay Kumar in accordance with law. 11. Accordingly criminal revision stands disposed of. (Ashish Naithani, J.) 07.01.2026 Arti