Krishan Avtar Gupta vs State of Uttarakhand and Others

Hon''ble Prafulla C. Pant, J.—Heard. This is Compounding Application No. 655 of 2012, moved on behalf of the revisionist (accused) and respondent no. 2 (complainant) supported by affidavits of said parties.

Shri Tilak Raj (respondent no. 2/complairiant identified by his counsel Shri S.K. Mandal, Advocate, is present in Court, who verified the fact that the offence u/s 138 of Negotiable Instruments Act, 1881, has been compounded with the revisionist Krishan Avtar Gupta.

Section 147 of Negotiable Instruments Act, 1881, provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under the Act shall be compoundable. In view of the above, this revision directed against the judgment and order passed by the trial court (Judicial Magistrate, Kashipur), relating to conviction of the revisionist Krishan Avtar Gupta u/s 138 of Negotiable Instruments Act, 1881, in Criminal Complaint Case No. 567 of 2008, affirmed vide order dated 12.01.2012 passed by Additional Sessions Judge/Fast Track Court, Kashipur, in Criminal Appeal No. 32 of 2011, is liable to be set aside in terms of the compromise between the parties as the offence is compoundable. Accordingly, this revision is allowed. The impugned judgment and order dated 12.01.2012, passed by Additional Sessions Judge/Fast Track Court, Kashipur, in Criminal Appeal No. 32 of 2011 is set aside. The judgment and order dated 05.03.2011, passed by Judicial Magistrate, Kashipur, in Criminal Complaint Case No. 567 of 2008 is also set aside. The revisionist Krishan Avtar Gupta is acquitted from the charge of offence punishable u/s 138 of Negotiable Instruments Act, in view of the fact that the offence has been compounded. (Compounding Application No. 655 of 2012, also stands disposed of).