Mahendra Singh Mand vs State Of Uttarakhand And Another

Ravindra Maithani, J

The challenge in this revision is made to the conviction and sentence of the revisionist under Section 138 of The Negotiable Instruments Act, 1881, recorded in Criminal Case No.3446 of 2015, M/S Forest Fern Hospitality Pvt. Ltd. Vs. Mahendra Singh Mand, by the court of Judicial Magistrate, Nainital on 14.10.2019 (“the case”) and judgment and order dated 28.05.2024, passed in Criminal Appeal No.147 of 2019, Mahendra Singh Mand vs. State of Uttarakhand and another, by the court of Second Additional District and Sessions Judge, Nainital (“the appeal), by which, the conviction and sentence of the revisionist, recorded in the case, has been upheld.

Heard learned counsel for the parties and perused the record.

The revisionist and the respondent no.2 have filed a joint compounding application supported by the affidavits.

Learned counsel for the parties would submit that the parties have amicably settled the dispute. It is stated that 15% of the cheque amount has already been deposited in view of the principle of law as laid down by Hon’ble Supreme Court in the case of Damodar S. Prabhu vs. Sayed Babalal H., (2010)5 SCC 663. It is so reported by the Registry also.

The revisionist is personally present before the Court, as identified by his counsel. The respondent no.2, Gokul Chandra Belwal (“the complainant”) is also present through video conferencing, duly identified by his learned counsel. Both have verified the compromise. The respondent no.2 has stated that he has received the entire amount.

Having considered the nature of the offence and the other attending factors, this Court is of the view that the criminal revision may be decided in terms of the compromise between the parties. Accordingly, the revision deserves to be allowed.

Accordingly, the instant criminal revision is allowed. The judgment and order dated 14.10.2019, passed in the case and the judgment and order dated 28.05.2024, passed in the appeal, are hereby quashed. The revisionist is acquitted of the charge under Section 138 of the Act.

Compounding Application (IA) No.1 of 2024 stands disposed of accordingly.

Pending application, if any, stands disposed of.