Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4429 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528 No.1170 of 2026 Hon’ble Alok Mahra, J.
Mr. Avidit Noliyal, Advocate for the applicant.
Mr. Vishal Vikram Singh, Advocate for the respondent.
2. Present C-528 application is filed with the prayer to set-aside/quash the judgment &
order dated 06.01.2025 passed by learned Judicial Magistrate, Laksar, District Haridwar in Criminal Complaint Case No.792 of 2019. Prayer has also been made to quash the
judgment &
order dated 25.11.2025 passed by learned Additional Sessions Judge, Laksar, District Haridwar in Criminal Appeal No.4 of 2025, on the basis of compromise between the parties.
3. Respondent filed a criminal case against the applicant under Section 138 of N.I. Act alleging that applicant borrowed money from the respondent on 14.11.2017 and promised him to return the said money within a month or two. When the said money was not returned, the applicant had issued a cheque to the tune of ₹3,45,000/- in favour of the respondent, which upon presentation was dishonoured. Upon completion of investigation, charge-sheet came to be submitted against the applicant. Subsequently, learned trial Court, vide
judgment and order dated 06.01.2025, convicted the applicant for the offences punishable under Section 138 of N.I. Act and awarded sentence of simple imprisonment for a period of three months along with a fine of ₹3,50,000/-, out of which ₹3,45,000/- was directed to be paid to the respondent and ₹5,000/- was to be deposited in State Treasury, and in default of payment of fine, directed the applicant to
2026:UHC:4429 undergo an additional simple imprisonment of fifteen days. Aggrieved by the aforesaid
judgment and order dated 06.01.2025, the applicant preferred Criminal Appeal No.4 of 2025, which was dismissed vide order dated 25.11.2025 passed by learned Additional Sessions Judge, Laksar, District Haridwar.
4. A Compounding Application (I.A. No. 1 of 2026) has been filed jointly by the parties seeking permission of this Court to compound the offence under Section 138 of the Negotiable Instruments Act, 1881, in view of the amicable settlement arrived at between them.
5. Applicant as well as the respondent joined the proceeding through video conferencing, who have been duly identified by their respective learned counsel. The respondent has also filed an affidavit in support of the compounding application affirming that the dispute between the parties has been amicably resolved.
6. It is jointly submitted that all disputes, differences, and claims arising out of the subject matter of the proceedings have been amicably settled between the parties.
7. Respondent states that, in view of the settlement arrived at between the parties, he does not wish to pursue the criminal proceedings any further and has no objection if the conviction, sentence and consequential proceedings arising therefrom are set aside and the offence is permitted to be compounded in accordance with law.
8. Learned State Counsel vehemently opposed the compounding application.
9. In view of the fact that the parties have voluntarily, amicably, and without any coercion or undue influence settled their dispute, the compounding application is allowed. Consequently, the offences under Section 138 of the Negotiable Instruments
2026:UHC:4429 Act, 1881 are permitted to be compounded in terms of Section 147 of the said Act.
10. Accordingly, the criminal misc. application is allowed and the impugned
judgment and orders dated 06.01.2025 and 25.11.2025, are hereby quashed. However, the present order is subject to the condition that the applicant shall deposit a cost of ₹10,000/- with the Advocates Welfare Fund maintained by the High Court Bar Association within a period of one week from today. In case of failure to comply with the aforesaid condition within the stipulated time, this order shall stand recalled and the benefit of compounding shall not enure to the applicant.
(Alok Mahra, J.)
03.06.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c048536544 5e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.06.03 17:15:49 +05'30'