NAND KISHOR Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) BY means of present application under Section 482 Cr.P.C., the applicant seeks to quash the judgment and order dated 27.08.2013, passed by Judicial Magistrate, Udham Singh Nagar, in Criminal Case No. 1238 of 2008, captioned as State of Uttarakhand v. Nand Kishor, whereby the applicant has been convicted and sentenced for the offences punishable under Sections 420, 468 and 471 of IPC, a Criminal Appeal No. 188 of 2013 against which is pending in the Court of 2nd Additional Sessions Judge, Rudrapur, Udham Singh Nagar. The applicant has been convicted by the Trial Court for the offences punishable under Sections 420, 468 and 471 of IPC and has been sentenced accordingly vide judgment and order dated 27.08.2013. A Criminal Appeal has been preferred against the said judgment and order before the Sessions Judge, Udham Singh Nagar.

(2.) CRMA No. 1881 of 2014 has been filed by the cheated person/victim (respondent No. 2) Ram Kishor for permitting him to compound the offences punishable under Sections 420, 468 and 471 IPC against the accused (applicant herein) Nand Kishor. The person cheated (Ram Kishor), is present in person, duly identified by his counsel Mr. D.K. Tyagi, Advocate. He says that he is not interested in prosecuting the applicant, in as much as, the disputes between the parties have been settled with the intervention a few elderly persons of the society. He also says that he wants to compound the offences alleged against the accused. He also stated that money which was taken by the accused, in his name from the Bank, has been returned to the said Bank. The applicant Nand Kishor, is also present, duly identified by his counsel Mr. M.K. Ray, Advocate. Learned counsel for the parties drew the attention of this Court towards the ruling of Gian Singh v. State of Punjab and another, : (2013) 1 SCC (Cri) 160, in which Hon'ble Supreme Court observed as below:

(3.) A reference may also be had to the decision of Narendra Singh and others v. State of Punjab and another, reported in : (2014) 6 SCC 466 2014(1) NCC 533, in this regard.