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2024 Supreme(UK) 488

RAVINDRA MAITHANI
Dushyant Sharma – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Gaurav Singh.
For the Respondents: Vipul Painuli, Nikhil Singhal, Sushil Kumar.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. The challenge in this revision is made to the followings:

    (i) Judgment and order dated 15.09.2022, passed in Criminal Complaint No. 559 of 2016, Kamlesh Dangwal Vs. Dushyant Sharma, by the court of Judicial Magistrate Rishikesh, District Dehradun (“the case”). By it, the revisionist has been convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced for 3 months simple imprisonment with a fine of Rs. 2,20,000/-. Provisions have also been made for compensation.

(ii) Judgment and order dated 05.01.2024, passed in Criminal Appeal No. 237 of 2022, Dushyant Sharma Vs. State and Another, by the court of I Additional Sessions Judge, Rishikesh, District Dehradun. By it, the judgment and order dated 15.09.2022, passed in the case, has been upheld.

2. A joint compounding application (IA No. 1 of 2024) has been filed along with the affidavits.

3. Heard learned counsel for the parties and perused the record.

4. Learned counsel for the parties would submit that parties have settled the dispute amicably; the revisionist has deposited 15% of the cheque amount with the Uttarakhand State Legal Services Authority, in view of the law laid down by th

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