VISHESH DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anil Kumar Pandey learned counsel for the applicant as well as Sri Moti Lal, learned AGA for the State/opposite party no.1.

(2.) This application under Sec. 528 of the BNSS has been filed by the applicant to quash the order dtd. 10/10/2024 passed by learned Incharge, Sessions Judge, Sonbhadra in Criminal Revision No.128 of 2024 (Sumit Shah Vs. State of U.P. and ohters), under Sec. 138 of the N.I. Act, Police Station Robertsganj, District Sonbhadra.

(3.) Learned counsel for the applicant has submitted that the applicant herein had preferred a complaint under Sec. 138 of the N.I. Act against the opposite party no.2 in Complaint No.1024 of 2011 wherein on 8/8/2012 an order came to be passed by the court below holding the opposite party no.2 guilty and convicting him. Challenge the said order of conviction the opposite party no.2 preferred a Criminal Appeal No.28 of 2012 however, during the pendency of the said proceedings on the consent of the opposite party no.2 the matter was transferred before the Lok Adalat at Sonbhadra and thereafter a compromise was entered into between the parties on 8/10/2016 according to which certain terms and conditions were settled, the Criminal Appeal No.28 of 2012 arising out of the order of the conviction dtd. 8/8/2012 of the Magistrate was decided on 8/10/2016 on the basis of the compromise.