Uttarakhand High Court
Revisionist vs Pankaj Kukreja on 14 July, 2026
UKHC010120412026
2026:UHC:5778
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
CRLR/527/2026
Rajeev Kukreja
--Revisionist
Versus
Pankaj Kukreja
--Respondent
Hon'ble Alok Mahra, J.
Mr. Rajat Mittal, learned counsel for
the revisionist.
2. Mr. Neeraj Garg, learned counsel for
respondent.
3. Present criminal revision has been
preferred assailing the judgment and order
dated 10.10.2023 passed by the learned
1st Additional Sessions Judge, Rishikesh,
District Dehradun in Criminal Appeal
No.238 of 2022, whereby the appeal
preferred by the revisionist was dismissed
and the judgment and order dated
16.09.2022 passed by the learned
Additional Civil Judge/Judicial
Magistrate, Rishikesh, District Dehradun
in Criminal Complaint Case No.392 of
2018 was affirmed. By the said judgment,
the revisionist was convicted for the
offence punishable under Section 138 of
the Negotiable Instruments Act, 1881 and
sentenced to undergo rigorous
imprisonment for a period of one year and
to pay a fine of ₹6,00,000/-, with a further
direction that in default of payment of
fine, he shall undergo simple
imprisonment for a period of fifteen days.
4. There is a delay of 914 days in filing
the present criminal revision. An
application seeking condonation of delay,
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supported by an affidavit, has been filed.
5. Cause shown in the delay
condonation application is found to be
sufficient. Accordingly, the delay of 914
days in filing the present criminal revision
is condoned. The delay condonation
application stands allowed.
6. Learned counsel for the revisionist
would submit that the revisionist and the
respondent are real brothers. It is
submitted that an arrangement had been
arrived at between the respondent and
their late father regarding the business of
a shop, pursuant to which an agreement
was executed; that, owing to certain
disputes relating to the implementation of
the said agreement, the revisionist issued
certain cheques in favour of the
respondent; that, upon presentation, the
said cheques were dishonoured by the
bank with the endorsement ‘exceeds
arrangement’; that, thereafter, a statutory
demand notice was issued to the
revisionist; that, since the cheque amount
was not paid within the prescribed period,
the respondent instituted a complaint
under Section 138 of the Negotiable
Instruments Act; that, the learned Trial
Court convicted the revisionist and the
appeal preferred there against also came
to be dismissed.
7. Learned counsel for the revisionist
would further submit that during the
pendency of the present revision, the
parties have amicably resolved all their
disputes. In this regard, a Compounding
Application being I.A. No.3 of 2026, duly
supported by separate affidavits sworn by
the revisionist as well as the respondent,
has been filed before this Court. It is
submitted that the compromise has been
entered into voluntarily, without any
coercion, undue influence or pressure,
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and that both parties have prayed that the
offence be compounded in terms of
Section 147 of the Negotiable Instruments
Act, 1881.
8. Learned counsel appearing for the
respondent fairly submits that the dispute
between the parties has been amicably
settled and that the respondent has no
objection if the offence under Section 138
of the Negotiable Instruments Act is
permitted to be compounded and the
judgments of conviction and sentence
passed by the courts below are set aside.
9. The revisionist as well as the
respondent are present before this Court
through Video Conferencing and have
been duly identified by their respective
learned counsel. Upon being interacted
with by the Court, both parties have
affirmed that the compromise has been
entered into voluntarily, out of their own
free will and without any coercion,
inducement or undue influence. The
respondent has further stated that he has
no objection if the offence is compounded
and the conviction of the revisionist is set
aside.
10. Heard learned counsel for the parties
and perused the material available on
record.
11. It is well settled that by virtue of
Section 147 of the Negotiable Instruments
Act, 1881, every offence punishable under
the Act is compoundable notwithstanding
anything contained in the Code of
Criminal Procedure. The Hon’ble Supreme
Court in Damodar S. Prabhu v. Sayed
Babalal H., (2010) 5 SCC 663, and M.P.
State Legal Services Authority v. Prateek
Jain, (2014) 10 SCC 690, has held that
offences under Section 138 of the
Negotiable Instruments Act can be
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compounded even at the appellate or
revisional stage, subject to appropriate
terms.
12. Considering the nature of the
offence, the amicable settlement arrived at
between the parties, the voluntary
statements made before this Court, and
the fact that the offence under Section 138
of the Negotiable Instruments Act is
compoundable under Section 147 of the
Act, this Court is of the opinion that the
Compounding Application deserves to be
allowed.
13. Accordingly, the Compounding
Application (I.A. No.3 of 2026) is allowed.
The offence punishable under Section 138
of the Negotiable Instruments Act stands
compounded under Section 147 of the
Negotiable Instruments Act, 1881.
Consequently, the judgment and order
dated 10.10.2023 passed by the learned
1st Additional Sessions Judge, Rishikesh,
District Dehradun in Criminal Appeal
No.238 of 2022 as well as the judgment
and order dated 16.09.2022 passed by the
learned Additional Civil Judge/Judicial
Magistrate, Rishikesh, District Dehradun
in Criminal Complaint Case No.392 of
2018 are hereby set aside. The revisionist
is acquitted of the charge under Section
138 of the Negotiable Instruments Act.
14. The criminal revision is, accordingly,
allowed.
15. Pending applications, if any, also
stand disposed of.
MAMTA
(Alok Mahra, J.)
Mamta RANI 14.07.2026
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef9
00bf09a6d67ebbd642671329b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e68911c
a8b66dd26690a191648ab5d8dd004ef0, cn=MAMTA
RANI
Date: 2026.07.14 17:16:08 +05’30’
