Omprakash vs Govind Das

                                      1
    IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                  BEFORE
                 HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                          ON THE 28th OF FEBRUARY, 2022

                   MISC. CRIMINAL CASE No. 222 of 2022

        Between:-
        OMPRAKASH S/O BHAGWANDAS SHUKLA , AGED
        ABOUT 46 YEARS, OCCUPATION: SERVICE IN
        FRONT OF S.N.COLLEGE, BAIKUNTH NAGAR,
        BEHIND MANDIR, , KHANDWA, P.S KOTWALI,
        DISTT-KHANDWA (MADHYA PRADESH)

                                                                      .....PETITIONER
        (BY Shri R.P. Dwivedi, Advocate for the applicant.)

        AND

        GOVIND DAS S/O SHRI RAMDAS BAIRAGI , AGED
        ABOUT    55   YEARS, 52, KABERI ESTATE,
        PADAMNAGAR,      INDORE     ROAD,      P.S.
        PADAMNAGAR     KHANDWA    DISTT-KHANDWA
        (MADHYA PRADESH)

                                                                 .....RESPONDENTS


      This M.Cr.C. coming on for admission this day, the court passed the
following:
                                       ORDER

This application has been filed for modification in the order dated 11.12.2021 passed in Cr. Rev. No.183/2020 by which criminal revision was disposed of on the basis of compromise taken place between the parties.

Learned counsel for the applicant submits that both the parties were directed to appear before the Registrar (J-II) for verification of compromise and recording their statements. Thereafter, matter was fixed for further orders before the Lok- Adalat on 11.12.2021 and the Court has passed the following order:-

" I n view of the verification report regarding settlement arrived between the parties before the Registrar (J-II) on 17.11.2021, this revision also stands disposed of in terms and conditions as mentioned in the verification report. If any Court fee has been paid same be refunded to the applicant/respondent as the case may be. With the aforesaid, this revision stands disposed of."

Learned counsel for the applicant further submits that due to typographical error, the word 'acquitted' is not mentioned in the aforesaid order, therefore, it is prayed that the same be mentioned in the said order.

It is ordered that as the compromise has been verified by Registrar (J-II), in these circumstances on the basis of compounding of offence, the impugned judgment with regard to conviction and sentence under section 138 of the N.I. Act is hereby set aside and the applicant is acquitted of the said offence.

This order shall be read conjointly with the order dated 11.12.2021 passed in Criminal Revision No.183/2020.

With the aforesaid modification, this application stands allowed and disposed of.

C.C. as per rules.

(ARUN KUMAR SHARMA) JUDGE pn Signature Not Verified SAN Digitally signed by PANKAJ NAGLE Date: 2022.03.02 12:14:57 IST