Uttarakhand High Court
Mukesh Chandra Pandey vs St At E Of Ut T Arakhand And Anot Her on 8 March, 2025
I N TH E H I GH COURT OF UTTARAKH AN D
AT N AI N I TAL
( BEFORE TH E N ATI ON AL LOK AD ALAT)
TH E H ON 'BLE SRI JUSTI CE ALOK KUM AR VERM A
0 8 t h M ARCH , 2 0 2 5
CRI M I N AL REVI SI ON N O. 1 2 4 of 2 0 2 5
Mukesh Chandra Pandey .. ... Revisionist
Versus
St at e of Ut t arakhand and Anot her ...Respondent s
Counsel for t he Revisionist : Mr. Am it Kapri,
Advocat e.
Counsel for t he Respondent
No.1 : Mr. Bhaskar Joshi, AGA
Mr. Pradeep Lohani, Brief
Holder.
Counsel for t he Respondent : Mr. Aj ay Joshi,
No.2 Advocat e.
H on'ble Alok Kum a r Ve rm a ,J.
The revisionist – accused was convict ed and
sent enced t o undergo rigorous im prisonm ent for a period of
one year wit h a fine of Rs. 3,50,000/ – for t he offence
punishable under Sect ion 138 of t he Negot iable I nst rum ent s
Act , 1881. An Appeal ( Crim inal Appeal No.3 of 2024) was
filed against t he j udgm ent dat ed 16.01.2024, passed by
learned Judicial Magist rat e, Khat im a, Dist rict Udham Singh
Nagar in Crim inal Case No.2394 of 2019. The said appeal
has been dism issed vide j udgm ent dat ed 22.01.2025,
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passed by learned Addit ional Sessions Judge, Khat im a,
Dist rict Udham Singh Nagar.
2. Revisionist – accused Mukesh Chandra Pandey is in
j udicial cust ody.
3. Mr. Am it Kapri, learned counsel for t he revisionist
– accused, Mr. Bhaskar Joshi, learned AGA assist ed by Mr.
Pradeep Lohani, learned Brief Holder for t he St at e and Mr.
Aj ay Joshi, learned counsel for t he respondent no.2-
com plainant .
4. Respondent no.2 – Com plainant Mohd. Shafik is
present in- person. He is ident ified by Mr. Aj ay Joshi,
Advocat e.
5. A Com prom ise Applicat ion has been filed. The
respondent no.2 and Mr. Am it Kapri, Advocat e, subm it t ed
t hat t he part ies have filed t he Com prom ise Applicat ion wit h
t heir free will and wit hout any pressure.
6. Respondent no.2 – Com plainant Mohd. Shafik
subm it t ed t hat he has com pounded t he offence wit h his free
will and wit hout any pressure.
7. Bot h t he part ies have request ed t o decide t he
present Crim inal Revision on t he basis of t he com prom ise.
8. The Com prom ise is verified.
9. I n t he fact s and circum st ances of t his case, t he
present Crim inal Revision ( CRLR No.124 of 2025) deserves
t o be allowed and is accordingly allowed by holding t hat
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since t he offence has been com pounded, t he revisionist is
ent it led t o acquit t al
10. Consequent ly, t he j udgm ent dat ed 16.01.2024,
passed by learned Judicial Magist rat e, Khat im a, Dist rict
Udham Singh Nagar in Crim inal Case No.2394 of 2019 and
j udgm ent dat ed 22.01.2025, passed by learned Addit ional
Sessions Judge, Khat im a, Dist rict Udham Singh Nagar, are
set aside. The revisionist is ordered t o be acquit t ed of t he
charge levelled against him .
11. The revisionist – Mukesh Chandra Pandey be
released fort hwit h, if he is not required for any ot her
offence.
12. A copy of t his order be sent t o t he concerned t rial
court and t he Superint endent of Sub- Jail, Haldwani, Dist rict
Nainit al fort hwit h for inform at ion and necessary act ion.
13. The Com prom ise have been recorded in a
separat e sheet which shall form part of t his order.
___________________
ALOK KUM AR VERM A, J.
Dt : 08.03.2025
JKJ/ Pant