Mohd. Shakeel Alias Mohd. Tasleem APPELLANT @Hash State Of Uttarakhand And Another

Alok Kumar Verma, J

Delay Condonation Application has not been opposed. The delay of 117 days’ in preferring the Revision is condoned.

Mohd. Shakeel alias Mohd. Tasleem, revisionist-accused was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and he was sentenced to undergo imprisonment for a period of one year along with a fine of Rs.9,00,000/- (Rupees nine lakh). Against the said judgment dated 05.02.2020, passed by learned Judicial Magistrate/Civil Judge, (Junior Division), Ramnagar, District Nainital, Trial Court, in Complaint Case No.307 of 2018, an Appeal (Criminal Appeal No.40 of 2020) was filed. The said Appeal has been dismissed vide judgment dated 04.09.2021, passed by learned Additional Sessions Judge, Ramnagar, District Nainital.

On 18.07.2023, respondent-complainant was present. Respondent no.2-complainant had submitted that he received entire amount from the revisionist and he does not want to proceed with the present matter.

Revisionist-accused is in judicial custody.

Heard Mr. Shivanand Bhatt, learned counsel for revisionist, Mr. S.T. Bhardwaj, learned Deputy Advocate General for State and Mr. Shailendra Nauriyal, learned counsel for respondent no.2.

Mr. Shivanand Bhatt, Advocate, submitted that revisionist has deposited a sum of Rs.1,16,250/- (Rupees one lakh sixteen thousand two hundred fifty), 15% of the cheque amount, with the Uttarakhand State Legal Services Authority on 30.09.2022 (page 44).

Both the parties have requested to decide the present Revision on the basis of compounding the offence for which Compounding Application (IA No.02 of 2022) has been filed.

Having regard the submissions of the parties, impugned judgment dated 04.09.2021, passed by learned Appellate Court and impugned judgment dated 05.02.2020, passed by learned Trial Court, are set aside. Revisionist-accused Mohd. Shakeel alias Mohd. Tasleem is acquitted of the charge of Section 138 of the Negotiable Instruments Act, 1881 on the basis of compounding the offence.

Present Criminal Revision (No.573 of 2022) stands disposed of accordingly.

A copy of this order be sent to Superintendent, Sub-Jail, Haldwani forthwith for necessary action.