KUSHDHWAJ SHAMAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application, under Sec. 482 of Cr.P.C., has been preferred by the applicant, who is in jail after conviction pursuant to the judgment rendered by the IInd Additional Civil Judge (Junior Division)/ Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 867 of 2005 dtd. 4/1/2010, whereby the applicant has been convicted in respect of the offence punishable under Sec. 138 of the Negotiable Instruments Act with one year simple imprisonment with fine of Rs.1,000.00, failing which, he has to undergo further one month's simple imprisonment. In addition to this, a compensation of Rs.35,000.00 was also awarded to the complainant in view of Sec. 357(3) of the Code of Criminal Procedure. Against this judgment dtd. 4/1/2010, whereby the applicant was convicted, a Criminal Appeal being Criminal Appeal No. 05 of 2010 Kushdwaj Shamal vs. State of Uttarakhand and another was preferred before the Additional District and Sessions Judge, Kashipur, District Udham Singh Nagar and the said Appeal was dismissed on 11/1/2011, against which a Criminal Revision being Criminal Revision No. 05 of 2011 was also preferred before this Court and the said revision was also dismissed by order dtd. 21/6/2022. This order has not been assailed by the applicant and has attained finality.

(2.) Now a Compounding Application has been moved, which is supported with the affidavit of the applicant, who is in jail as well as with the affidavit of the complainant-Anup Agrawal.

(3.) Sagar Kumar-son of the present applicant and the complainant-Anup Kumar both are present in the Court and both of them have been identified by their respective counsel through their Adhar Cards. This Court also interacted with them and they stated that now a settlement has arrived between the parties and the entire amount of compensation, which includes the amount mentioned in the cheque, has been paid to the complainant (respondent No. 2).