Extracted from the PDF above. The PDF is authoritative.
UKHC010117602026
2026:UHC:6898 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
CRLR/513/2026 Mohd Yusuf --Revisionist Versus State Of Uttarakhand and Another --Respondents Hon'ble Alok Mahra, J.
Mr. Mohd. Shafy, learned counsel for the revisionist.
Mr. Dinesh Chauhan, learned A.G.A. for the State of Uttarakhand.
Mr. Rishab Ranghar, learned counsel for respondent no. 2.
2. The present Criminal Revision has been preferred against the judgment and order dated 07.10.2023, passed by the learned Judicial Magistrate/IInd Additional Civil Judge (Junior Division), Nainital, in Criminal Case No. 2631 of 2020, whereby the revisionist was convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo six months' imprisonment along with a fine of Rs. 2,65,000/-. The revision has also been preferred against the judgment and order dated 29.05.2026, passed by the learned IInd Additional Sessions Judge, Nainital, in Criminal Appeal No. 42 of 2023, whereby the appeal preferred by the revisionist against the
judgment and order dated 07.10.2023 was dismissed.
3. A joint compounding application, duly signed by the learned counsel for respondent no. 2 as well as the learned counsel for the revisionist, has been filed before this Court. In the said application, it has been averred that the dispute arose in respect of the cheque in question and that the revisionist has now paid the entire cheque amount to the complainant, which fact has been admitted by both the parties. Consequently, they have prayed that the offence, being compoundable in nature, be permitted to be compounded in
UKHC010117602026
2026:UHC:6898 accordance with law.
4. Today, the revisionist and respondent no. 2 are present before the Court and have been duly identified by their respective counsel.
5. Both the parties have submitted that the entire cheque amount has been paid to the respondent no. 2 and that respondent no. 2 has no grievance against the revisionist. They have further stated that, in view of the amicable settlement arrived at between them, they wish to bring the present proceedings to an end.
6.
Learned counsel for the revisionist submitted that the revisionist had deposited a sum of ₹61,000/- before learned trial Court. Since the entire cheque amount has already been paid by the revisionist, it has been prayed that the payment of ₹61,000/- deposited before the trial Court be made to the revisionist. Accordingly, the learned trial Court is directed to release the amount of ₹61,000/- deposited by the revisionist in his favour in accordance with law.
7. Having regard to the amicable settlement arrived at between the parties and considering that the offence under Section 138 of the Negotiable Instruments Act is compoundable, this Court is of the considered view that no useful purpose would be served by allowing the impugned judgments and orders to stand. Accordingly, the present Criminal Revision is allowed. The judgments and orders dated 07.10.2023 and 29.05.2026 are hereby quashed and set aside.
8. The compounding application is, accordingly, disposed of.
(Alok Mahra J.)
05.08.2026 SB
SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b 5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D 7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.08.05 16:35:50 +05'30'