Balwant Singh vs State Of Uttarakhand & Another

Pankaj Purohit, J

This is a criminal revision filed under Section 438 of BNSS, 2023 (397 r/w 401 Cr.P.C.) against the judgment and order dated 28.11.2022, passed by Judicial Magistrate/2nd Additional Civil Judge, Kashipur, District Udham Singh Nagar in Criminal Complaint Case No.4391 of 2019, Smt. Nirmala vs. Balwant Singh, whereby the revisionist was convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo four months imprisonment with fine of Rs.6,50,000/- as well as the judgment and order dated 12.06.2023, passed by learned First Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal No.59 of 2022, Balwant Singh vs. State of Uttarakhand & another, which too was dismissed by learned appellate court and the judgment and order dated 28.11.2022 by which the revisionist was convicted was affirmed.

Along with criminal revision, joint compounding application (IA No.3/2025) has been filed by the parties.

As per office report, there is delay of 241 days’ in filing the present criminal revision. Since the matter has been compounded between the parties, therefore, this Court feels it conducive to condone the delay in filing the present criminal revision. Accordingly, the delay condonation application (IA No.1/2025) is allowed. Delay of 241 days’ in filing the revision is condoned.

The present criminal revision has been filed on a premise that parties have entered into compromise and settled the dispute amicably by making the payment of amount under disputed cheque i.e. Rs.6,50,000/- to the respondent no.2-Nirmala.

A compounding application supported by separate affidavits of the parties has been filed in which it has been stated that the parties have settled the dispute amicably and since the amount under cheque has been received by respondent no.2, therefore, there is no reason to continue with the aforesaid proceedings.

Revisionist is in jail. Mr. Aakash Kumar, son of the revisionist is doing parivi on his behalf, who is present in the Court, duly identified by his counsel. Respondent no.2-Smt. Nirmala is also present in the Court being duly identified by her respective counsel.

On interaction with respondent no.2-Smt. Nirmala, she stated that she received an amount under cheque of Rs.6,50,000/- and she does not want to pursue with the case anymore.

Since the parties have settled the dispute amicably and do not want to pursue the aforesaid criminal case, therefore, there is no useful purpose for keeping this criminal case pending. The judgments and orders passed by learned trial court as well as appellate court impugned in this criminal revision deserve to be set-aside.

Accordingly, compounding application (IA/3/2025) is allowed. The compromise arrived at between the parties is accepted. With the result, the judgment and order dated 28.11.2022, passed by Judicial Magistrate/2nd Additional Civil Judge, Kashipur, District Udham Singh Nagar in Criminal Complaint Case No.4391 of 2019, Smt. Nirmala vs. Balwant Singh, whereby the revisionist was convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo four months imprisonment with fine of Rs.6,50,000/- as well as the judgment and order dated 12.06.2023, passed by learned First Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal No.59 of 2022, Balwant Singh vs. State of Uttarakhand & another are hereby set-aside. Revisionist is in jail. He is directed to be released forthwith, if he is not wanted in any other case.

Present criminal revision thus stands allowed on the basis of compromise entered into between the parties.

Pending application, if any, stands disposed of accordingly.