Reena Ramola vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The revisionist-accused Reena Ramola was convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.10,000/- for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. An Appeal (Criminal Appeal No.27 of 2024) was filed against the judgment dated 29.02.2024, passed by learned Chief Judicial Magistrate, Tehri Garhwal in Criminal Case No. 749 of 2023. The Criminal Appeal has been dismissed vide judgment dated 25.09.2024, passed by learned Additional Sessions Judge, Tehri Garhwal. The revisionist is in judicial custody.

Heard Mr. Lokendra Dobhal, learned counsel for the revisionist, Mrs. Manisha Rana Singh, learned A.G.A. for the State and Mr. Bhupendra Singh Bora, learned counsel for the respondent no.2-complainant.

Admit.

The respondent no.2-complainant Smt. Madhu Rawat is present through video conferencing. She is identified by Mr. Bhupendra Singh Bora, Advocate.

A Compromise Application (IA No. 3 of 2024) has been filed in the present Revision. Smt. Madhu Rawat, the respondent no.2-complainant, submitted that she has received the entire amount from the revisionist and she has compounded the offence with her free will and without any pressure. Mr. Lokendra Dobhal, Advocate, submitted that Rs.28,500/- has been deposited with the State Legal Services Authority in compliance with the judgment, passed by the Hon’ble Supreme Court in “Damodar S. Prabhu Vs. Sayed Babalal H., (2010) 5 SCC 663.

Having heard learned counsel for the parties, the Compromise / Compounding Application is accepted. The Criminal Revision (No. 716 of 2024) 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 25.09.2024, passed in Criminal Appeal No. 27 of 2024 and the judgment dated 29.02.2024, passed in Criminal Case No. 749 of 2023 are set aside.

The revisionist-Reena Ramola is ordered to be acquitted of the charge levelled against her under Section 138 of the Negotiable Instruments Act, 1881.

The revisionist-Reena Ramola be released from judicial custody immediately, if not required for any other offence.

A copy of this order be sent to the Superintendent of District Jail, Tehri Garhwal for information and necessary action.

Let a certified copy of this order be provided to the learned counsel for the revisionist, today itself, on payment of usual charges.