Rakesh Kumar Kashyap vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Revisionist – accused Rakesh Kumar Kashyap was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to undergo simple imprisonment for a period of one year along with a fine of Rs.5,10,000/-. Against the said judgment dated 31.03.2022, passed by learned Judicial Magistrate/ Civil Judge (Junior Division), Rishikesh, District Dehradun in Complaint Case No.22 of 2018, a Criminal Appeal (No.78 of 2022) was filed. The said Appeal has been dismissed vide judgment dated 28.04.2023, passed by learned Ist Additional Sessions Judge, Rishikesh, District Dehradun.

Heard Mr. Raj Kumar Singh, learned counsel for the revisionist, Mr. V.S. Rathore, learned AGA for the State and Mr. Nikhil Singhal, learned counsel for the respondent no.2 – complainant/ victim.

Admit.

Revisionist – Rakesh Kumar Kashyap is present in-person before this Court. He is identified by Mr. Raj Kumar Singh, Advocate.

Respondent no.2 – complainant Chandramani Shukla is present before this Court through video conferencing. He is identified by Mr. Nikhil Singhal, Advocate.

Both, revisionist and the respondent no.2 – complainant have submitted that they settled their disputes. After resolving their disputes they have filed a joint Compounding Application (IA No. 01 of 2023) along with affidavits with their free will and without any pressure.

Respondent no.2 – Chandramani Shukla has submitted that he has already received the entire amount of the cheque. He has further submitted that he does not want to proceed further in the present matter.

Mr. Raj Kumar Singh, Advocate, submitted that the revisionist has deposited Rs.75,000/- (rupees seventy five thousand) (15% of the cheque amount) as a cost before the Uttarakhand State Legal Services Authority (Book No.2, Receipt No.3). The said receipt is taken on record.

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

Accordingly, the present Revision is allowed. Impugned judgment dated 31.03.2022, passed by learned Trial Court and impugned judgment dated 28.04.2023, passed by learned Appellate Court, are set aside. Revisionist – Rakesh Kumar Kashyap is acquitted of the offence levelled against him in view of the composition of offence by the complainant against the revisionist.