Seetaram vs Sureshchandra
2021 Latest Caselaw 8754 MP

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         THE HIGH COURT OF MADHYA PRADESH
                        CRR 3051/2021
             (Seetaram Sharma Vs. Suresh Chandra)

Gwalior, Dated: 13.12.2021
      Shri Mayank Bajpai, Advocate for the petitioner.

      Shri Satendra Singh Rawat, learned counsel for respondent.

I.A. No. 32543/21 has been filed which is an application for

compromise, reflecting that an amount of Rs.1,71,000/- has been

received by the respondent and remaining amount of Rs. 56,000/- has

already been deposited before the trial Court on 16.11.2021. The total

cheque amount is Rs. 40,000/- .

The respondent is ready and willing to settle the issue. The

respondent does not wish to continue the criminal prosecution as the

parties are entering into compromise and therefore, prosecuting this

case would be an exercise in futality.

Considering the settlement arrived at between the parties and in

view of provision of Section 147 of Negotiable Instrument Act, I.A.

No.32543/2021 is allowed.

The conviction of the petitioner in criminal case No. 33/2017

(Suresh Chandra Vs. Sitaram) rendered in judgment of trial Court

dated 20.11.2018 alongwith the Appellate order dated 24.09.2021 in

criminal case No. 08/2019 affirming the said conviction are set aside.

Petitioner stands acquitted from the charge under section 138 of

the Negotiable Instrument Act. He be released forthwith if not

required in any other case.

The trial Court is directed to release the amount of Rs. 56,000/-

in favour of the respondent, Suresh Chandra forthwith. The trial Court

is further directed to release the original documents including Pass

book and Bank statement (if any) furnished in original by the

respondent/complainant after obtaining photocopies of the same.

In view of aforesaid settlement arrived at between the parties,

this criminal revision stands disposed of.

(Deepak Kumar Agarwal) Judge ojha

YOGENDRA OJHA 2021.12.14 10:34:08 +05'30'