Pani Ram vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Revisionist-accused Pani Ram was convicted and sentenced to undergo simple imprisonment for a period of one year and six months along with a fine of Rs.4,50,000/-for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

Against the judgment dated 28.02.2020, passed by learned Judicial Magistrate, Nainital, an Appeal (Criminal Appeal No.12 of 2021) was filed. Confirming the sentence of fine, the learned Appellate Court has directed to the revisionist to undergo simple imprisonment for a period of six months in place of one year and six months.

Revisionist-Pani Ram and respondent no.2-complainant-Sanjay Kumar are present in-person. They are identified by their respective counsel.

Admit.

Both, revisionist-Pani Ram and respondent no.2-Sanjay Kumar, complainant, submit that they have resolved their disputes and after resolving their disputes, they have filed a joint compounding application along with affidavits with their free will and without any pressure.

Respondent-complainant Sanjay Kumar submits that he has received entire amount and he does not want to pursue the present matter.

Learned counsel for both the parties submit that 15% (Rs.60,000/-) of the cheque amount has already been deposited with the Uttarakhand State Legal Services Authority. The receipt no.7 dated 01.08.2023 is on the record.

Both the parties have requested to decide the present Revision on the basis of the compromise.

Consequently, the Revision (No.192 of 2023) is allowed by holding that the matter has been compounded by compromise between the parties. The impugned judgment dated 16.02.2023, passed by learned Appellate Court and judgment dated 28.02.2020, passed by learned Trial Court are set aside.

Revisionist-Pani Ram is ordered to be acquitted of the charge levelled against him.