Vasudev Singh vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Revisionist – accused Vasudev Singh was convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.3,25,000/-under Section 138 of the Negotiable Instruments Act, 1881. Against the said judgment dated 13.05.2019, passed by learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Case No.162 of 2013, an Appeal (Criminal Appeal No.144 of 2019) was filed. The said Appeal has been dismissed vide judgment dated 28.02.2020, passed by learned Additional Sessions Judge, Khatima, District Udham Singh Nagar.

Revisionist is in judicial custody.

Respondent no.2 – complainant Devendra Singh Basera is present in-person with Mr. Deep Prakash Bhatt, Advocate.

Today, before the National Lok Adalat, respondent no.2 and Mr. Amit Kapri, Advocate, on behalf of the revisionist, have filed a Compromise Application.

As per the compromise, the respondent no.2 has received the entire amount through cheque and now there is no dispute pending between them.

The said compromised is verified.

The 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.

The judgment dated 28.02.2020, passed by the learned Appellate Court and judgment dated 13.05.2019, 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 judgment be sent forthwith to the Superintendent of the concerned Jail for necessary compliance.