VINAY KUMAR MITTAL Vs. HARVEER SINGH
HIGH COURT OF UTTARAKHAND
Vinay Kumar Mittal
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(1.) In a complainant instituted under Section 138 of the
Negotiable Instrument Act, 1881, the revisionist was
convicted and sentenced by Learned Judicial Magistrate,
Rishikesh vide order dated 11.04.2011. A Criminal
Appeal preferred against the said order was dismissed
by Learned First Additional Sessions Judge, Rishikesh,
vide order dated 02.02.2013. Present Criminal Revision
was preferred by the convict assailing the said orders.
(2.) A Criminal Misc. Application no. 422/2013 is filed by the
respondent Harveer Singh with the prayer to permit him
to compound the case. It is also prayed that the dispute
between the parties be decided in terms of compromise.
(3.) The offence punishable under Section 138 Negotiable
Instruments Act, 1881 is a compoundable offence in
view of section 147 of said Act. As per the law laid down
by Hon'ble Apex Court in the case of O.P. Dholkia vs. State of Hariyana, 2000 1 SCC 762, and
also in the case of Vinay Devanna Nayak vs. Ryot Seva Sahkari Bank Ltd., 2008 2 SCC 305, the
conviction of an accused under Section 138 of
Negotiable Instruments Act can be set aside by the
Court at any stage of proceeding on the basis of
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