Prabhawati vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Revisionist -accused Smt. Prabhawati was convicted under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for a period of four months along with a fine of Rs.1,55,000/-(Rupees one lakh fifty five thousand). An Appeal was filed against the said judgment dated 02.08.2019, passed by learned Judicial Magistrate/Civil Judge (Junior Division), Rishikesh, District Dehradun in Complaint Case No. 591 of 2017. The said Appeal (No. 215 of 2019) has been dismissed vide judgment dated 26.10.2021, passed by learned Ist Additional District and Sessions Judge, Rishikesh, District Dehradun. Proposed Criminal Revision has been filed along with an Application under Section 5 of the Limitation Act, 1963 to condone the delay of 421 days in preferring the Revision.

Heard Mr. Vipul Sharma, learned counsel for revisionist, Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State and Mr. Maneesh Bisht, learned counsel for respondent no.2.

The Delay Condonation Application (IA No. 1 of 2023) has not been opposed. The said Application is allowed. The delay is condoned.

Admit.

Revisionist is in judicial custody.

Respondent no. 2-complainant Amit Kashyap is present in-person before the Court and he is duly identified by Mr. Maneesh Bisht, Advocate.

Respondent no.2-complainant Amit Kashyap submitted that the entire amount has been received by him from the revisionist and he does not want to proceed with the present case. He has pressed the Compounding Application.

Mr. Vipul Sharma, Advocate, submitted that 15% of the impugned cheque amount has been deposited with the State Legal Services Authority. The Receipt No. 08 is taken on record.

Both the parties have prayed to allow the present Criminal Revision on the basis of the compromise. Compounding Application (No. 02 of 2023) is allowed.

Consequently, present Criminal Revision deserves to be allowed and is accordingly allowed by holding that since the offence has been compounded, the revisionist is entitled to acquittal.

Resultantly, impugned judgment dated 26.10.2021, passed by learned Appellate Court and impugned judgment dated 02.08.2019, passed by learned Trial Court, are set aside and the revisionist is ordered to be acquitted of the charge levelled against him.

A copy of this order be sent to Superintendent of District Jail, Dehradun for necessary compliance.