Uttarakhand High Court
C528/1538/2026 of M/S KAMBOJ ELECTRICALS Vs STATE OF UTTARAKHAND on 17 July 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures UKHC010124262026 2026:UHC:5958 COURT’S OR JUDGE’S ORDERS C528/1538/2026 M/s Kamboj Electricals --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. Mr.
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures
UKHC010124262026
2026:UHC:5958 COURT’S OR JUDGE’S ORDERS
C528/1538/2026 M/s Kamboj Electricals
--Applicant Versus State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
Mr. Abhishek Verma, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned AGA for the State.
3. Mr. Arjun Arora, learned counsel for respondent no.2.
4. The instant petition has been moved by the applicant M/s Kamboj Electricals through its proprietor Manoj Kamboj under Section 528 of BNSS, 2023 alongwith the compounding application with the affidavit of the applicant and the respondent/complainant-M/s Harsh Electronics for quashing of the judgment and order passed by learned Judicial Magistrate, Kashipur in Complaint Case No.1805 of 2017 under Section 138 of Negotiable Instruments Act (for short N.I. Act) whereby the applicant was convicted as well as for quashing of judgment and order dated 16.08.2023 passed by Ist Additional District and Session Judge, Kahsipur, District Udham Singh Nagar in Criminal Appeal No.60 of 2022 whereby the conviction and sentence awarded by the trial court is also confirmed.
5. Both the applicant and respondent no.2 are present in the Court. They are identified by their counsel.
6. Now in this application, it is contended by learned counsel for the applicant that the applicant and respondent/complainant have resolved their disputes and the entire cheque amount has been paid by the applicant to the respondent/complainant and the offence punishable under Section 138 of N.I. Act is compoundable in terms of Section 147 of N.I. Act, therefore, the offence be compounded and the conviction and sentence awarded by the trial court confirmed by the appellate court be also set aside.
7. After hearing the submission of learned counsel for the parties and taking into consideration the mandate of Section 147 of N.I. Act, the compounding application as well as the present C528 application are allowed. The judgment and order passed by the trial court as well as the appellate court are also hereby quashed and since now the offence is compounded, therefore, the applicants herein is also acquitted from the charges under Section 138 of N.I. Act.
8. The statutory amount as deposited by the applicant, be released in favour of the applicant.
(Rakesh Thapliyal, J.) 17.07.2026 Arti