HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Revision No. 152 of 2001 Sushil Kumar S/o Isham Singh, R/o Jhabreda town, P.S. Jhabreda, District Haridwar. ----Applicant/Revisionist. Versus 1. State of Uttarakhand, 2. Ramesh Chandra, Ramesh Machinery Store, Opposite Roorkee Civil Court, Roorkee. ------- Respondents Sri B.N. Maulekhi, learned counsel for the revisionist. Sri Harish Pujari, learned Addl. Govt. Advocate for the State. Dated: 6th June, 2008 Hon’ble Dharam Veer, J. This revision preferred u/s 397/401 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) has been directed against the judgment and order dated 11.07.2000 passed by the II Addl. Sessions Judge, Haridwar in Criminal Appeal no. 3 of 1995 Sushil Kumar vs. State and the judgment and order dated 21.01.1995 passed by the Addl. Chief Judicial Magistrate, Roorkee in case no. 48 of 1994 Ramesh Chanda vs. Sushil Kumar. 2. By the judgment and order dated 21.01.1995 passed by Addl. Chief Judicial Magistrate, Roorkee, the revisionist was convicted u/s 138 of The Negotiable Instruments Act, 1881 and was awarded sentence rigorous imprisonment for a period of six months’ with fine of Rs. 12,600/-. In default of payment of fine the accused/revisionist was further sentenced simple imprisonment for a period of three months’. Against this order, the revisionist filed appeal before the District and Sessions Judge, Haridwar. The said appeal was transferred to the Court of II Addl. Sessions Judge, Haridwar for hearing and disposal 2 according to law and the learned II Addl. Sessions Judge, Haridwar vide his judgment and order dated 11.07.2000 dismissed the appeal preferred by the accused/revisionist and affirm the judgment and order dated 21.01.1995 passed by Addl. Chief Judicial Magistrate, Roorkee. Aggrieved with the judgment and order of the Trial Court as well as with the Appellate Court, the revisionist has come up in the instant revision. 3. Heard Sri B.N. Maulekhi, learned counsel for the revisionist and Sri Harish Pujari, learned Addl. Govt. Advocate for the State and perused the record. 4. The parties have moved a compromise application CLMA no. 230/2007. Alongwith the compromise the respondent no.2, namely Sri Ramesh Chandra has filed his affidavit stating threin that a compromise has been arrived at in between the revisionist and opposite party no.2 on 10.04.2007. Photocopy of the original compromise dated 10.04.2007 is annexed as annexure no. SA-1. It is also stated in the affidavit that the revisionist and opposite party no.2 have no objection to compound the case. 5. Learned counsel for the parties have submitted that the parties have entered into a compromise. In the compromise filed as SA-1, the respondent no.2 Ramesh Chandra has stated that he has received entire amount of the Cheque. It is submitted that under Section 147 of The Negotiable Instruments Act, 1881 the offence is compoundable and in view of the above facts and circumstances the matter may be compounded and the judgment & order dated 21.01.1995 passed by Addl. Chief Judicial Magistrate, Roorkee and that of the judgment & order dated 11.07.2000 passed by II Addl. Sessions Judge, Haridwar may be set-aside on the basis of the compromise arrived at in between the parties. 6. Keeping in view the provision prescribed under Section 147 of The Negotiable Instruments Act 1881 and after considering all the facts and circumstances as well as the 3 compromise filed by the parties, it is expedient in the interest of justice that the compromise filed by the parties be accepted. 7. Therefore, on the basis of the compromise arrived at between the parties the revision deserves to be allowed, consequently the judgment and order dated 21.01.1995 passed by the Addl. Chief Judicial Magistrate, Roorkee and that of the judgment and order dated 11.07.2000 passed by the II Addl. Sessions Judge, Haridwar deserve to be set-aside. 8. Accordingly, the revision is allowed. The judgment and order dated 21.01.1995 passed by the Addl. Chief Judicial Magistrate, Roorkee and that of the judgment and order dated 11.07.2000 passed by the II Addl. Sessions Judge, Haridwar are hereby set-aside. (Dharam Veer, J.) 06.06.2008 NCM: