Mukesh Chandra Pandey vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The revisionist - accused was convicted and sentenced to undergo rigorous imprisonment for a period of one year with a fine of Rs. 3,50,000/ - for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. An Appeal (Criminal Appeal No.3 of 2024) was filed against the judgment dated 16.01.2024, passed by learned Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Case No.2394 of 2019. The said appeal has been dismissed vide judgment dated 22.01.2025, passed by learned Additional Sessions Judge, Khatima, District Udham Singh Nagar.

Revisionist- accused Mukesh Chandra Pandey is in judicial custody.

Mr. Amit Kapri, learned counsel for the revisionist – accused, Mr. Bhaskar Joshi, learned AGA assisted by Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. Ajay Joshi, learned counsel for the respondent no.2- complainant.

Respondent no.2 – Complainant Mohd. Shafik is present in-person. He is identified by Mr. Ajay Joshi, Advocate.

A Com promise Application has been filed. The respondent no.2 and Mr. Amit Kapri, Advocate, submitted that the parties have filed the Com promise Application with their free will and without any pressure.

Respondent no.2 – Complainant Mohd. Shafik submitted that he has compounded the offence with his free will and without any pressure.

Both the parties have requested to decide the present Criminal Revision on the basis of the com promise.

The Compromise is verified.

I n the facts and circumstances of this case, the present Criminal Revision (CRLR No.124 of 2025) deserves to be allowed and is accordingly allowed by holding that since the offence has been compounded, the revisionist is entitled to acquittal

Consequently, the judgment dated 16.01.2024, passed by learned Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Case No.2394 of 2019 and judgment dated 22.01.2025, passed by learned Additional Sessions Judge, Khatima, District Udham Singh Nagar, are set aside. The revisionist is ordered to be acquitted of the charge levelled against him.

The revisionist – Mukesh Chandra Pandey be released forthwith, if he is not required for any other offence.

A copy of this order be sent to the concerned trial court and the Superintendent of Sub-Jail, Haldwani, District Nainital forthwith for information and necessary action.

The Compromise have been recorded in a separate sheet which shall form part of this order.