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Vinit Kumar Agarwal Alias Vineet vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 8 January 2024 · Citation: (2024) 01 UK CK 0151

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Negotiable Instruments Act, 1881 — Section 138
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application (u/s 528) No. 29 Of 2025
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Judgment

21 paragraphs · 337 words

Pankaj Purohit, J

1.

By means of the present C528 application, the applicant has put to challenge the judgments and order dated 20.04.2024 passed by learned Third

Additional Civil Judge(Jr. Div.)/Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Complaint Case No.3046 of 202A1 rjun Arora

Vs. Vinit Kumar Agarwal, u/s 138 of the Negotiable Instruments Act 1881 at Police Station Kashipur, District Udham Singh Nagar as well as the

judgment and order dated 21.10.2024 passed by the learned First Additional Session Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal

No.45 of 2024 Vinit Kumar Agarwal Vs. State of Uttarakhand and another, in the light of the compromise.

2.

Heard learned counsel for the parties and perused the record.

3.

A joint compounding application (IA/1/ 2025) has been filed by the applicant and respondent No.2-complainant duly supported by separate

affidavits.

4.

It is submitted by the parties in the compounding application that they have amicably settled their dispute and the amount under cheque in-question

amounting to Rs.50,000/- has now been paid to the respondent No.2-complainant in cash and respondent No.2 is in full satisfaction after receiving that

amount.

5.

Applicant-Vinit Kumar Agarwal @ Vineet and respondent No.2-Arjun Arora are present before this Court, who are duly identified by their

respective counsels.

6.

In view of the above, this Court is of the view that it is a case which may be decided on the basis of amicable settlement between the parties.

Accordingly, the C528 application deserves to be allowed.

8.

Accordingly, the C528 application is allowed. The judgment and order dated 20.04.2024 passed by learned Third Additional Civil Judge(Jr.

Div.)/Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Complaint Case No.3046 of 2021A rjun Arora Vs. Vinit Kumar

Agarwal, and the judgment and order dated 21.10.2024 passed by the learned First Additional Session Judge, Kashipur, District Udham Singh Nagar

in Criminal Appeal No.45 of 2024 Vinit Kumar Agarwal Vs. State of Uttarakhand and another, are hereby set aside.

9.

Compounding application (IA/1/2025) stands disposed of accordingly.