Nitin Rajput vs Sekhar Rajak
2021 Latest Caselaw 1649 MP

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         HIGH COURT OF MADHYA PRADESH, JABALPUR
                             CRR-393-2021
                     (Nitin Rajput Vs. Shekhar Rajak)


Jabalpur, Dated : 29/04/2021

       Heard Through Video Conferencing.

       Shri Vijay Chand Rai, learned counsel for the petitioner.

       Shri Anand Kumar, learned counsel for the respondent.

Heard on IA No.4973/2021, an application under Section 320 (6) of

Cr.P.C. for grant of permission to compound the offence, is taken up,

considered and allowed for the reasons mentioned therein.

Case Diary is perused.

Learned counsel for the rival parties are heard.

This revision has been filed, under section 397 read with section 401

of Cr.P.C., seeking set-aside/quashment of the judgment dated 01/02/2021

passed by 16th Additional Sessions Judge, Jabalpur in Criminal Appeal

No.261/2019 affirming the judgment of conviction and order of sentence

passed by JMFC, Jabalpur vide judgment dated 27/09/2019 in Criminal Case

No.1729/2015, whereby the petitioner has been convicted under Section 138

of Negotiable Instruments and sentenced to undergo for one year RI and it

was directed to pay compensation of Rs.2.00,000/- and also directed to pay

cost of Rs.5,000/- with default stipulation.

During pendency of this revision, the petitioner and the complainant

have filed an application jointly under Section 147 (ii) of Negotiable

Instruments Act read with 320 (1) and 320 (2) of Cr.P.C. for compounding

the offence which is duly supported by an affidavit of the petitioner which

was registered as I.A. No.4974/2021 in which they stated at bar that the

HIGH COURT OF MADHYA PRADESH, JABALPUR CRR-393-2021 (Nitin Rajput Vs. Shekhar Rajak)

dispute between them has been resolved and complainant is not inclined to

prosecute the matter any more.

Considering the reason assigned in the light of background facts and

circumstances of the case, IA No.4974/2021 is allowed and permission to

compound the same is granted.

Consequent upon the above said facts and that the accused petitioner

and the complainant have amicably resolved the issue and the petitioner and

complainant are permitted to compound the offence, therefore, this Court

allows this criminal revision with the following directions :-

1. The impugned judgments of conviction and sentence dated

01/02/2021 and 27/09/2019 (supra) and all consequential

proceedings are hereby quashed/set-aside.

2. The petitioner is acquitted from the charge under Section 138

of Negotiable Instruments Act in light of the compromise

arrived at between the parties.

Accordingly, the petition stands allowed.

No order as to costs.

(S.A. Dharmadhikari) Judge rahul

RAHUL SINGH PARIHAR 2021.04.30 10:52:41 +05'00'