1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 156 of 2011 Mohd. Rafiq S/o Hazi Mohd. Hussan R/o Moh. Alli Khan, Kashipur P.S. Kashipur, District Udham Singh Nagar .……….Revisionist Versus 1. State of Uttarakhand 2. Mohd. Zafar, S/o Mohd. Yaseen R/o Near Siddque Madarsa Moh, Alli Khan P.S. Kashipur, District Udham Singh Nagar …………Respondents Mr. Bhupendra Singh Negi, Advocate, present for the revisionist. Mrs. Mamta Bisht, A.G.A., present for the State. Mr. Mohd. Azim, Advocate, holding brief of Mr. Gopal Krishan, Advocate, present for the respondent no. 2. Hon’ble Prafulla C. Pant, J. Heard. 2. This revision is directed against the judgment and order dated 06.07.2011, passed by Additional Sessions Judge, Kashipur, in Criminal Appeal no. 129 of 2010, whereby said court has dismissed the appeal of revisionist Mohd. Rafiq, 2 and affirmed his conviction, and sentence recorded by Judicial Magistrate, Kashipur, in criminal case no. 1732 of 2010, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881. 3. The offence punishable under section 138 of Negotiable Instruments Act, 1881, is a compoundable offence, and can be compounded at any stage of the trial. A compounding application no. 992 of 2011, has been moved on behalf of the revisionist, and supported by affidavit of Mohd. Zafar (respondent no. 2/complainant). Mohd. Zafar (respondent no. 2) identified by his counsel in the court, verified the compromise, and stated that in view of the compromise the offence punishable under section 138 of Negotiable Instruments Act, 1881, be treated compounded with revisionist Mohd. Rafiq. 4. In the above circumstances, the compounding application no. 992 of 2011 is allowed. The revision is also allowed. The impugned judgment and order passed by the Judicial Magistrate, Kashipur, in criminal 3 complaint case no. 1732 of 2010, and order dated 06.07.2011, passed by Additional Sessions Judge, Kashipur, in criminal appeal no. 129 of 2010, are hereby set aside. The revisionist Mohd. Rafiq is hereby acquitted of the charge of offence punishable under section 38 of Negotiable Instruments Act, 1881, in view of the compounding of said offence with the complainant. (Prafulla C. Pant, J.) Parul 25.08.2011