Shri Baidhnath Mandal vs Shri Ajay Motwani
2021 Latest Caselaw 3183 MP

                                  1                              CRR-2439-2020
           The High Court Of Madhya Pradesh
                        Lok Adalat
                      CRR-2439-2020
                  (SHRI BAIDHNATH MANDAL Vs SHRI AJAY MOTWANI)


Jabalpur, Dated : 10-07-2021
       Heard through Video Conferencing.
       Shri Siddharth Shrivastav, counsel for the applicant.
       Shri Lalji Kushwah, counsel for the respondent.

This criminal revision has been filed by the applicant against the order dated 17.12.2020 passed by the 8th Additional Sessions Judge, Bhopal in

Criminal Appeal No. 237/2019 confirming the judgment dated 29.03.2019 of the trial Court passed in Complaint Case No. 13917/2019 whereby the applicant has been convicted under Section 138 of the Negotiable Instruments Act, 1880 and sentenced to undergo simple imprisonment for one year with compensation amount of Rs.14,95,000/- u/s 357(3) of Cr.P.C.

I.A.No. 2489/2021 is a joint application on behalf of the parties for compromise.

We are satisfied with the compromise application filed by both the parties.

The Hon'ble Supreme Court in the case of Damodardas S. Prabhu Vs. Sayed Babalal H (2010) 5 SCC 663 and Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and Others (2014) 10 SCC, 690 has observed that the petitioner/Accused/Revisionist shall deposit 15% of the cheque amount towards compounding fee before M.P. High Court Legal Services Committee in connection with the compromise.

Exercising the discretion powers as provided in paragraph 25 of the aforesaid judgment of the Hon'ble Supreme Court and looking to the weak financial condition of the applicant, aforesaid application is hereby allowed and the compounding fee is reduced to 5%. Accordingly, it is directed on depositing 5% of the entire compensation amount by way of compounding fee before the concerned trial Court within a month in connection with the 2 CRR-2439-2020 compromise, the applicant shall be released from jail, if he is not required in any other case.

Accordingly, this revision is disposed of.

        (SMT. ANJULI PALO)                                     (D.K. BOHREY)
              MEMBER                                              MEMBER

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Date: 2021.07.12
18:05:53 +05'30'