Mahesh vs Balu
2021 Latest Caselaw 3746 MP

        The High Court Of Madhya Pradesh

                           CRR-1659-2021
                       (MAHESH Vs BALU AND OTHERS)




Indore, Dated : 30-07-2021

      Heard through video conferencing.

      Mr. Yashpal Rathore, learned counsel for the petitioner.
      Mr. Ajay Jain, learned counsel for the respondent.

It is directed that both the parties shall remain present before the Principal Registrar of this Court for verification of the compromise.

Let a report be submitted to this Court by the Principal Registrar today itself.

(ANIL VERMA) JUDGE The High Court Of Madhya Pradesh

CRR-1659-2021 (MAHESH Vs BALU AND OTHERS)

Indore, Dated : 30-07-2021 Heard through Video Conferencing.

Shri Yash Pal Rathore, learned counsel for the Petitioner . Shri Ajay Jain, learned counsel for the Respondent [R-1]. Both the parties have submitted an application in the form of I.A. no. 19395/2021 under section 320(6) of Cr.P.C read with section 147 of Negotiable Instruments Act.

Factum of compromise has been verified by the Principal Registrar of this Court today itself.

As per the report of the Principal Registrar, the parties are competent to compromise the case and they have willingly entered into compromise without any threat, pressure and undue influence.

The petitioner has been punished for the offence under section 138 of the Negotiable Instruments Act and the conviction and sentence was maintained by learned 10th Additional Sessions Judge, Ujjain in First Criminal Appeal no. 71/2013.

Learned counsel for the petitioner submits that the petitioner is facing trial since 2009. The matter has been compromised therefore, the impugned judgment/order and the sentence passed by the Courts below be set aside and the appellant may kindly be acquitted from the charges.

The charge against the petitioner is compoundable, therefore, in view of the compromise filed by both the parties, present revision petition is allowed and the judgment/order dated 24/01/20214 passed by 10th Additional Sessions Judge, Ujjain in first Criminal Appeal no. 71/2013 and the judgment /order dated 01/02/2013 passed by JMFC, Ujjain in Criminal Case no. 2115/2009 are hereby set aside and the petitioner is acquitted from the charge under section 138 of the Negotiable Instruments Act..

Present revision petition stands disposed of accordingly. C c as per rules.

(ANIL VERMA) JUDGE

amol

Digitally signed by AMOL N MAHANAG Date: 2021.07.31 10:44:08 +05'30'