Petitioner convicted under Section 138 NI Act sought revision; offence compounded by parties. Court acquitted petitioner and disposed of two revision petitions, directing immediate release.
Petitioner acquitted in both cases; petitions disposed of; order issued for immediate release from custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Signature Not Verified Signing Date:30.09.2024 17:11:45 Certify that the digital and physical file have been compared and the digital data is as per the physical file an d no page is missing.
438/09/2008 for committing the offence punishable under Section 138 NI Act, have been dismissed.
In pursuance of the production warrants issues, Petitioner Abhishek Sharma has been produced from J/C. Petitioner states that he is in custody for the last eleven months.
Without prejudice to the respective rights and contentions, the respondent Vipin Kumar in these cases submits that without any monetary consideration towards the liability under the cheques in question, he wants to compound the offence with the petitioner as he does not want the petitioner to further remain in custody in these cases. The respondent submits that the parties will continue with their civil litigations. The petitioner may not cause any threat or harm to the respondent or his family members because of their litigations wherein he has remained in jail.
The petitioner who is present in person assures the respondent not to apprehend any threat of harm to him or his family because of these litigations.
Both the parties have also made their submissions in writing to the above effect.
to
Both these revision petition pertains to conviction of the petitioner in the criminal complaints under Section 138 N.J. Act which have been compounded by the parties.
In view of the compounding of the offence in both the criminal complaints being complaint cases No. 437/09/2008 and 438/09/2008, the petitioner is acquitted in both the petitions being Crl.Rev.P.3/2016 & 4/20 16.
Both the revision petitions stand disposed of.
A copy of the order be sent to concerned Jail Superintendent with
CrI.Rev.P.Nos.3/2016 & 4/20 16
Page 2 of 3
direction to release the petitioner forthwith if not wanted in any other case. 10. A copy of the order be also given dasti to the learned counsel for the petitioner under the signature of the Court Master, as prayed.
PRATIBHA RANI, J.
JULY 129 2016
'st'
Crl.Rev.P.Nos.3/2016 & 4/20 16
Page 3 of 3
Abhishek Sharma
Vipin Kumar
Pratiba Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
