SURENDRA Vs. NARENDRA SINGH

JUDGEMENT

(1.) By means of present Application under Sec. 482 Crimial P.C., the applicant seeks to quash the order dated 18.04.2017 passed in Appeal No. 01 of 2017, Surendra Vs. Narendra, passed by learned Sessions Judge, Uttarkashi, as well as the order dated 07.09.2015 passed by Magistrate, Uttarkashi in Criminal Case No. 150 of 2015, Narendra Vs. Surrendra, under Sec. 138 of the Negotiable Instruments Act.

(2.) A compromise application being CRMA No. 948 of 2017 has been filed with the prayer that the parties have buried their differences and have settled their disputes amicably. Compounding application is supported by the affidavit of the applicant and complainant. Complainant Narendra Singh is present in person before the Court, duly identified by his counsel Mr. Mukesh Rawat, Advocate. He says that he is in receipt of the sum due, which has been paid by the applicant to him. He also says that he is not interested in prosecuting the applicant. All that he prays is that, since a compounding has taken place between him and the applicant, therefore, the order directing conviction and sentence to the applicant be set aside. Applicant Surendra is also present in person duly identified by his counsel Mr. Bhupesh Kandpal, Advocate. The applicant affirms in the open Court what is stated by the complainant Narendra Singh.

(3.) In response to a query of the Court, learned counsel for the applicant, relying upon the decision of Honourable Supreme Court in Ganesh Narayan Hegde Vs. S. Bangarappa and others, reported in 1995 (4) SCC 41, submitted that this C-482 Petition is maintainable, apart from Criminal Revision. As an exceptional case, this Court is entertaining present C-482 Petition.