Vivek Kholiya vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Revisionist – accused Vivek Kholiya was convicted by Trial Court for the offence under Section 138 of the Negotiable Instruments Act, 1881 and he was sentenced to undergo simple imprisonment for a period of one year along with a fine of Rs. 12,00,000/-. Against the said judgment dated 24.11.2021, passed by learned Additional Chief Judicial Magistrate, Haldwani in Complaint Case No. 2499 of 2014, a Criminal Appeal was filed. The said Appeal (No. 69 of 2021) has been dismissed vide judgment dated 24.04.2023, passed by learned Ist Additional Sessions Judge, Haldwani, District Nainital.

Revisionist-Vivek Kholiya is present in-person before the Court. He is identified by Mr. Piyush Sammal, Advocate. Smt. Lalita Devri – respondent no. 2, complainant is present through video conferencing and she is identified by Mr. Rajat Chauhan, Advocate.

Both the parties stated that they have settled their disputes and after resolving their disputes, they have filed a compounding application along with affidavits with their free will and without any pressure.

Heard Mr. D.K. Sharma, learned Senior Advocate, assisted by Mr. Piyush Sammal, learned counsel for the revisionist, Mr. V.K. Jemini, learned Deputy Advocate General for the State and Mr. Rajat Chauhan, learned counsel for respondent no. 2.

Learned Senior Advocate has submitted that 15% of the cheque amount i.e. Rs. 1,20,000/-(Rupees one lakh twenty thousand) cost has been deposited with the Uttarakhand State Legal Services Authority and Receipt (No. is 48) is on record.

Respondent no. 2 has submitted that she has received the entire amount and she does not want to proceed with the present matter.

Consequently, the impugned judgment dated 24.04.2023, passed by learned Appellate Court and the judgment dated 24.11.2021, passed by learned Trial Court are set-aside.

Revisionist – accused Vivek Kholiya is acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 on the basis of compounding of the said offence.

The present Criminal Revision is disposed of accordingly.