Extracted from the PDF above. The PDF is authoritative.
2026:UHC:2321 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
IA No. 2 of 2026 (compounding application) In CRLR/292/2025 Hon'ble Rakesh Thapliyal, J.
1. Mr. Gaurav Kandpal, learned counsel for the revisionist.
2. Mr. B.C. Joshi, learned A.G.A. for the State.
3. Mr. Lochan Sah, learned counsel for the complainant.
4. The instant criminal revision has been preferred by the revisionist against the order of his conviction under Section 138 of N.I. Act whereby he has been convicted with the sentence of six months simple imprisonment with the fine of Rs.5,20,000/-. The conviction was also confirmed by the Appellate Court.
5. Now, the instant revision is supported with the compounding application (IA No. 2 of 2026) with this contention that the entire amount towards fine has been paid to the respondent/complainant and they have settled their disputes, in such an eventuality the offence be compounded and the judgment and order passed by the trial court convicting the revisionist be also set aside.
6. Both the parties are present in Court and their affidavits are also on record and are identified by their counsel.
7. In para 3 of the compounding application it is stated that revisionist paid a sum of Rs. 5 lakh which has been received by the respondent/complainant pursuant to their settlement which they arrived amicably.
8. Since, parties have settled their dispute and the entire amount towards fine has been paid by the revisionist to the complainant Mohan Singh Bisht, and, as per Section 147 of the Negotiable
2026:UHC:2321 Instruments Act every offence punishable under N.I. Act is compoundable, this Court is of the view that the instant revision as well as compounding application deserves to be allowed.
9. Accordingly, compounding application as well as instant criminal revision are allowed. The judgment and order dated 13.08.2024 passed by the Judicial Magistrate, Nainital in Criminal Case No. 1654 of 2022, Mohan Singh Bisht vs. Harish Swami as well as judgment passed by the Addl. Session Judge, Nainital in Criminal Appeal No. 40 of 2024, Harish Swami vs. State of Uttarakhand are set aside and the revisionist Harish Swami is acquitted.
(Rakesh Thapliyal, J.)
01.04.2026 Parul
2026:UHC:2321