MEHANDI HASSAN Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) Accused-Revisionist was convicted under Section 138 Negotiable Instruments Act, 1881 and was directed to undergo rigorous imprisonment for two months along with a fine of Rs. 1,00,000/- vide order dated 07.02.2015 passed by Special Judicial Magistrate, Kashipur, District- Udham Singh Nagar. Aggrieved against the same, the convict preferred a Criminal Appeal No. 75/2015, which was dismissed by learned Sessions Judge, Rudrapur, Udha Singh Nagar, vide order dated 10.05.2016. The order dated 07.02.2015 passed by learned Trial Court was affirmed. In other words, the conviction and sentence awarded to the convict was upheld. Still aggrieved against the same, present Criminal Revision is preferred by the convict revisionist.

(2.) A Compounding Application being CRMA No. 896 of 2016 has been filed on behalf of the parties to indicate that they have buried their differences and have settled their disputes amicably. Compounding application is supported by the affidavits of the revisionist and complainant. Complainant Saddam Hussain is present in person before the Court, duly identified by his counsel Mr. Bhuwan Cahndra Bhatt, Advocate. He says that he is in receipt of the sum due, which has been paid by the revisionist to him. He also says that he is not interested in prosecuting the revisionist. All that he prays is that, since a compounding has taken place between him and the revisionist, therefore, the order directing conviction and sentence to the revisionist be set aside. Revisionist Mehandi Hasan is also present in person duly identified by his counsel Mr. Abhishek Verma, Advocate. The revisionist affirms in the open Court what is stated by the complainant Saddam Hussain.

(3.) The accused-revisionist says that he is ready to deposit 15 % the cheque amount in the account of Uttarakhand State Legal Services Authority within four weeks, as per the dictum of Hon'ble Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 AIR(SC) 1907.