DEVENDRA SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ACCUSED revisionist was convicted by the trial court under Section 138 of the Negotiable Instruments Act, 1881, and was directed to undergo simple imprisonment for one year alongwith a fine of Rs. 5,000/ -. He was also directed to compensate the complainant by paying a sum of Rs. 1,70,000/ - as provided under Section 357 Cr.P.C. Learned lower appellate court modified the said order of the trial court only to the extent of setting aside the fine of Rs. 5,000/ - imposed upon the revisionist. Rest of the order of the trial court remained intact.

(2.) A compounding application, being CRMA no. 633 of 2015, has been filed by the parties to indicate that they have settled their dispute amicably. Said application is supported by the joint compromise filed by both the parties duly verified by their respective counsel. Affidavits of Devendra Singh Bisht (revisionist herein) and respondent no. 2 Bhuwan Singh Rana (complainant) are also enclosed with said joint compromise.

(3.) LEARNED counsel for complainant Bhuwan Singh Rana stated that the complainant is ready to compound the offence punishable under Section 138 of the Negotiable Instruments Act, in as much as the revisionist has already paid an amount of Rs. 1,75,000/ - in the form of Demand Draft No. 100058, drawn from Nainital District Cooperative Bank Ltd., Peerumadara Branch, Ramnagar and the same has been received by the complainant. Learned counsel further stated that now the dispute has been settled amicably between the parties, nothing outstanding is left against the revisionist and, therefore, present criminal revision be decided in the light of amicable settlement between the parties.