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Judgment
Vivek Bharti Sharma, J
This present revision is filed under Sections 438 & 442 of B.N.S.S. by the revisionist for quashing of the judgment and order dated 07.05.2024
passed by learned Civil Judge (Senior Division)/Additional Chief Judicial Magistrate Karnprayag, District Chamoli in Complaint Case No. 121 of 2023
for the offence punishable under Section 138 of Negotiable Instruments Act at Police Station Karnprayag, District Chamoli, whereby the revisionist
has been convicted and sentenced for the offence punishable under Section 138 of the Negotiable Instruments Act.
In this revision, the revisionist and the respondent no.1/complainant have filed a joint Compounding Application No. 05 of 2025 alongwith the
affidavits of nephew of the revisionist and the respondent no.1/complainant.
Heard learned counsel for the parties and perused the material available on file.
Today, the respondent no.1/complainant is present in the Court as identified by his respective counsel.
Both the parties have accepted the compromise. The Court particularly asked the complainant/respondent no.1, who is the complainant in the case,
who would submit that he has settled the dispute with the revisionist as he has received the entire money due from revisionist.
Since the revisionist and the respondent no.1/complainant have settled the dispute, the offence under Section 138 of the Act gets compounded.
Consequently, the revisionist is entitled to acquittal from the charges as levelled against him in the present case.
Accordingly, the Criminal Revision is allowed. The orders, under challenge, are set aside. The revisionist is acquitted of the charge punishable under
Section 138 of the Negotiable Instruments Act.
The Compounding Application (IA NO.05 Of 2025) stands disposed of, accordingly.
The revisionist, if in jail, be released if not wanted in any other case.
Copy of the order be sent to the concerned Jail Superintendent by e-mail also for compliance.