1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 237 of 2011 Ajay Srivastava S/o Shri Shyam Ji Lal R/o Tibdi BHEL Road Ranipur, P.S. Ranipur District Haridwar …..…Revisionist Versus 1. State of Uttarakhand through Home Secretary 2. Vipin Tyagi, S/o Shri A.P.Tyagi R/o L-109 Shivalik Nagar BHEL Ranipur Haridwar, District Haridwar ……….Respondents Mr. Pradeep Kumar Chauhan, Advocate, present for the revisionist. Mr. S.S. Adhikari, A.G.A., present for the State. Mr. Parikshit Saini, Advocate, present for the respondent no. 2 Hon'ble Prafulla C. Pant, J. Heard. 2. This revision is directed against the order dated 13.07.2011, passed by Additional Sessions Judge/II Fast Track Court, Haridwar, in Criminal Appeal No. 56 of 2005, whereby said court has dismissed the appeal, and affirmed the conviction and sentence awarded by the trial court (Special 2 Judicial Magistrate, Haridwar) in criminal complaint case no. 1203 of 2003, against the revisionist Ajay Srivastava under section 138 of Negotiable Instruments Act, 1881, and further directed ` 50,000/- be paid as compensation. 2. The offence punishable under section 138 of Negotiable Instruments Act, 1881, is compoundable under section 147 of Act. 3. A compounding application no. 1116 of 2011, has been moved on behalf of the revisionist Ajay Srivastava and respondent Vipin Tyagi (complainant) supported by their affidavits. Both are present in court, identified by their counsel. The revisionist (accused), and complainant (respondent no. 2) verified the fact that the offence has been compounded. 4. In the above circumstances, compounding application no. 1116 of 2011, is allowed. In view of the compounding of offence punishable under section 138 of Negotiable Instruments Act, 1881, the revisionist Ajay Srivastava is acquitted of the said charge. His conviction and sentence recorded by 3 the courts below stands set aside. The revision stands disposed of. (Prafulla C. Pant, J.) Parul 20.09.2011