Jang Bahadur Gangwar vs State of Uttarakhand and Rajeev Chitkara

Prafulla C. Pant, J.—This is Compounding Application No. 1038 of 2011, for compounding of offence punishable u/s 138 of Negotiable Instruments Act, 1881, in respect of which the revisionist Jang Bahadur Gangwar was convicted by the trial court (Chief Judicial Magistrate, Udham Singh Nagar) and the conviction and sentence was affirmed by Sessions Judge, Udham Singh Nagar vide its order dated 14.05.2010, passed in Criminal Appeal No. 60 of 2008.

Heard.

The offence punishable u/s 138 of Negotiable Instruments Act, 1881, is a compoundable u/s 147 of the Act.

Respondent No. 2 Rajeev Chitkara (complainant) identified by his counsel, is present in person in the court and verified that the offence has been compounded after he received sum in question from the accused/revisionist. Affidavits are filed by the complainant and Respondent No. 2 in support of the compounding application.

In the above circumstances, the Compounding Application No. 1038 of 2011 is allowed. The revision stands disposed of with the observation that since the offence punishable u/s 138 of Negotiable Instruments Act, 1881, is compounded between the parties, the conviction and sentence recorded by the Chief Judicial Magistrate, Udham Singh Nagar against the revisionist Jang Bahadur Gangwar, in Criminal Case No. 277 of 2006, stands set aside. Accordingly, the affirmation of the order by the appellate court also goes. The amount deposited in the court may be refunded to the party who has deposited the same.