Ramhet Shakya vs Satish Soni
2021 Latest Caselaw 9185 MP

                                      1             CRR. 3576/2021



                The High Court of Madhya Pradesh
               CRIMINAL REVISION No. 3576/2021
                  (Ramhet Shakya vs. State of MP)
Gwalior dated 30.12.2021
      Shri S.S.Kushwaha, learned counsel for the petitioner.
      Shri Manish Saxena, learned counsel for the respondent.

IA No. 33856/2021, an application under Section 5 of Limitation Act, for condonation of delay in filing the present revision, is taken up and considered.

As per office note, there is a delay of 709 days in filing the present revision. Considering the reasons assigned in the application this Court is of the view that there is sufficient cause which prevented the petitioner to file the revision in time. Hence, delay is condoned. IA No. 33856/2021 stands closed.

This Criminal Revision arises out of the judgment dated 15.10.2019 passed in Criminal Appeal No. 294/2018, confirming the order of the trial Court dated 26.12.2017 passed in Criminal Case No. 1000622/2016, whereby the petitioner has been found guilty of the offence under Section 138 of Negotiable Instrument Act, and sentenced for two months RI with fine of Rs.90000/- with default stipulation.

Shri Manish Saxena, learned counsel has entered appearance for respondent on advance notice.

IA No. 33915/2021 has been filed on behalf of the respondent stating therein that now there is no dispute between the parties and the entire amount has been paid to the respondent/complainant. Both the parties pray that the impugned judgments of the Courts below be set aside and the petitioner/revisionist be acquitted in view of the compromise arrived at between the parties.

In view of aforesaid compromise and settlement of dispute, this Court is of the view that no useful purpose would be served in 2 CRR. 3576/2021

maintaining the conviction and sentencing the petitioner for two months RI. Accordingly, the judgment dated 15.10.2019 passed in Criminal Appeal No. 294/2018, and the order of the trial Court dated 26.12.2017 passed in Criminal Case No. 1000622/2016 are hereby set aside. The petitioner is acquitted.

It is submitted that the petitioner is in jail. He be released forthwith if not required in any other crime.

Let a copy of the order passed today be sent to the Court below for information and compliance.

Certified copy as per rules.

                                                         (Rohit Arya)
(yog)                                                      V.Judge




                                  YOGESH VERMA
                                  2021.12.30
               VALSALA
               VASUDEVAN
               2018.10.26
               15:14:29 -07'00'   17:12:14 +05'30'