-( 1 )-
HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
CRR No. 633 of 2022
(VIKRAM MOTORS THR. PRO. AND OTHERS Vs SANTOSH ARYA)
Dated : 23-03-2022
Shri Sidhardh Shrma, learned counsel for the petitioners.
Shri Ankit Saxena, learned counsel for the respondent.
This Criminal revision has been filed by the petitioners against the judgment dated 07.02.2022 passed by 8th Additional Sessions Judge, Gwalior (MP) in Criminal Case No. 231/2019 affirming the judgment dated 17.07.2019 passed by the JMFC, Gwalior in Criminal Case No.6337/2013 whereby convicting the petitioner under Section 138 of Negotiable Instruments Act and sentenced him to undergo imprisonment for six months and pay compensation of Rs.7,31,225/- to the complainant.
I.A. No. 4580/2022 has been filed on behalf of the petitioner mentioning therein that the parties have settled their differences and the petitioner has deposited the amount in the following manner:-
Rs.1,50,000/- deposited by way of challan before the Shabnam Kadeer Mansoori (Judicial Magistrate First Class) Rs.5,81,225 paid to the complainant Santosh Arya by way of Demand Draft bearing No.0020223. It is therefore, prayed
-( 2 )-
that on the basis of compromise, criminal proceedings may be quashed.
Considering the settlement arrived at between the parties and the provisions of Section 147 of negotiable Instrument Act, I.A. No. 4580/2022 is allowed.
Accordingly, the criminal revision is allowed and the petitioner is acquitted from the charge under Section 138 of Negotiable Instruments Act. If the applicant is in jail, he be released accordingly.
(Deepak Kumar Agarwal)
vv Judge
VALSALA
VASUDEVAN
2022.03.23
19:28:13 +05'30'