Asraf Ali vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Revisionist-accused Asraf Ali was convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.10,80,000/-(Rupees ten lakh eighty thousand) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Against the said judgment dated 26.07.2022, passed by learned IVth Additional Chief Judicial Magistrate, District Dehradun in Criminal Complaint Case No.3882 of 2016, an Appeal (No.195 of 2022) was filed. The said Appeal has been dismissed vide judgment dated 06.07.2023, passed by learned IVth Additional Sessions Judge, Dehradun.

Heard Mr. Shailendra Nauriyal, learned counsel for revisionist, Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. P.S. Uniyal, learned Brief Holder for State and Mr. Reituparna Joshi, learned counsel for respondent no.2.

Revisionist-accused Asraf Ali and respondent no.2-complainant Gulam Sabbir are present in-person before the Court.

Both the parties stated that they have settled their disputes and after resolving their disputes, they have filed a Compounding Application (IA No.1 of 2023) along with affidavits with their free will and without any pressure.

Respondent no.2-complainant Gulam Sabbir submitted that he has received entire amount from the revisionist and he does not want to proceed with the present case.

Admit.

Mr. Shailendra Nauriyal, Advocate, submitted that Rs.1,61,400/-(Rupees one lakh sixty one thousand four hundred) cost has been deposited by the revisionist with the Uttarakhand State Legal Services Authority (Book No.2 receipt number 1 dated 19.07.2023. The said receipt is taken on record.

Both the parties have requested to decide the present Revision on the basis of compounding the offence. In the interest of justice and in the facts and circumstances of the case, the said request is accepted.

Resultantly, impugned judgment dated 06.07.2023, passed by learned Appellate Court and impugned judgment dated 26.07.2022, passed by learned Trial Court, are set aside. Revisionist-accused Asraf Ali is acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 on the basis of compounding the offence.

Present Criminal Revision (No.480 of 2023) stands disposed of accordingly.