Satendra Kumar Alias Neetu vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Proposed Criminal Revision has been filed against judgment dated 02.08.2022, passed by learned IVth Additional Sessions Judge, Haridwar in Criminal Appeal No.161 of 2017, by which, the Appeal, filed against the judgment dated 08.11.2017, passed by learned Additional Chief Judicial Magistrate, Laksar, District Haridwar in Complaint Case No.541 of 2014, “Sumer Chand vs. Satendra Kumar alias Neetu”, by which the revisionist was convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a compensation of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) under Section 138 of the Negotiable Instruments Act, 1881, has been dismissed.

Present Revision has been filed along with an Application under Section 5 of the Limitation Act, 1963 to condone the delay of 277 days in preferring the Revision.

Heard Mr. Mehboob Rahi with Mr. Vishal Kumar Nautiyal, learned counsel for the revisionist and Mr. Ram Nivas Singh Rana, learned counsel for the respondent no.2-complainant.

Delay Condonation Application (IA No.1 of 2023) has not been opposed by the respondent no.2. Delay Condonation Application (IA No.1 of 2023) is allowed. Delay of 277 days in preferring the present revision is condoned.

Mr. Mehboob Rahi, learned counsel for the revisionist submits that revisionist is in District Jail, Roshnabad, Haridwar.

Sumer Chand, respondent no.2/complainant is present in-person. He is identified by Mr. Ram Nivas Singh Rana, Advocate. Sumer Chand, respondent no.2 submits that he has received entire amount from the revisionist-accused. He has compounded the offence and accordingly a compromise application along with affidavits has been filed. Respondent no.2 further submits that he has filed the compromise application and affidavits with his free will and without any pressure.

Mr. Mehboob Rahi, Advocate submits that he has deposited Rs.22,500/- (15% of the cheque amount) with the Uttarakhand State Legal Services Authority. He has filed a Receipt No.18 dated 19.09.2023. The said Receipt is taken on record.

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

With the consent of both the parties, present Criminal Revision (CRLR No.564 of 2023) is allowed by holding that since the offence has been compounded, the revisionist is entitled to acquittal. Consequently, judgment dated 02.08.2022, passed by learned Appellate Court and judgment dated 08.11.2017, passed by learned Trial Court are set aside. Revisionist-Satendra Kumar alias Neetu is ordered to be acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

Registry is directed to send a copy of this judgment to the Superintendent of District Jail, Haridwar for necessary compliance.