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2026:UHC:3669 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
CRLR No. 316 of 2026 Hon'ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the revisionist.
2. Mr. Himanshu Jain, learned AGA for the State.
3. Mr. Subhash Joshi, learned counsel for the complainant.
4. The instant criminal revision has been preferred by the revisionist – Israr S/o Shabbir against the
judgment and
order dated 20.01.2022 passed by the learned Judicial Magistrate/Ist Additional Civil Judge (Junior Division) Roorkee, District Haridwar in Complaint Case No. 821 of 2020 Dilshad vs. Israr wherein the present revisionist is convicted for the offence punishable under Section 138 of Negotiable Instruments Act with the sentence of six months simple imprisonment with the fine of Rs. 4,05,000/-. The said conviction and sentence was also confirmed by the learned Ist Additional District and Sessions Judge, Roorkee, District Haridwar in Criminal Appeal No. 19 of 2022 vide judgment and order dated 04.06.2025.
5. There is delay of 238 days. The learned counsel for the complainant has no objection on the delay condonation application.
6. Accordingly, the delay condonation application IA No. 03 of 2026 is allowed. Delay in filing the revision is condoned.
7. Now the compounding application has been moved with the affidavit of the revisionist and the complainant wherein it is contended that they have settled their dispute and, therefore, the conviction and sentence as awarded by the trial court be set aside since the offence is compoundable in terms of Section 147 of NI Act.
2026:UHC:3669
8. Both the parties are present in Court, who have been identified by their respective counsel. Both the parties submit that they have settled their dispute and the entire amount towards the fine as imposed by the trial court has been paid by the revisionist to the respondent no.2 Mr. Dilshad.
9. In view of the submissions as advanced above, since the offence punishable under Section 138 of NI Act is compoundable in terms of Section 147 of NI Act and now the parties have settled their dispute and the entire amount has been paid to the respondent no.2/complainant, therefore, in terms of Section 147 of NI Act the judgment passed by the trial court dated 20.01.2022 passed by the learned Judicial Magistrate/Ist Additional Civil Judge (Junior Division) Roorkee, District Haridwar in Complaint Case No. 821 of 2020 as well as the judgment and order passed by the Ist Additional District and Sessions Judge, Roorkee, District Haridwar dated 04.06.2025 in Criminal Appeal No. 19 of 2022 are set aside and the revisionist is acquitted from the charge.
10. Accordingly, the revision as well as the compounding application are allowed.
11. No order as to costs.
(Rakesh Thapliyal, J.)
13.05.2026 Nahid
2026:UHC:3669