Santosh @ Buddha vs Smt. Putri Bai Sadavrat Institute ...
2021 Latest Caselaw 5302 MP

                                                         1                              CRR-1925-2021
                              The High Court Of Madhya Pradesh
                                           Lok Adalat
                                         CRR-1925-2021
                             (SANTOSH @ BUDDHA Vs SMT. PUTRI BAI SADAVRAT INSTITUTE PANJARAKHURD)


                      Jabalpur, Dated : 11-09-2021
                            Heard through Video Conferencing.
                            Shri Neeraj Jain, learned counsel for the applicant.
                            Shri Purushottam Soni, learned counsel for respondent

Learned counsel for both the parties submitted that the parties have entered into compromise voluntarily without any coercion and settled their

dispute out of the court, in accordance with the document signed by them.

T h e applicant has been convicted by the Judicial Magistrate First Clas s , Hoshangabad for the offence under Section 138 of Negotiable Instruments Act vide judgment dated 2.9.2014 passed in R.T.C.No.1490/2010 and sentenced to Six months imprisonment and also awarded compensation to the tune of Rs.1,00,000/- to be paid to the complainant.

Being dissatisfied with the impugned judgment, the applicant preferred criminal appeal No.127/2014 before Learned First Additional Sessions Judge

Hoshangabad which was dismissed vide judgment dated 25.6.2019 affirming the judgment passed by the learned Judicial Magistrate First Class, Bhopal.

According to the compromise, the complainant has received amount of the compensation from the applicant and wants to close the proceedings by way of compromise.

Keeping in view that a compounding fee has to be deposited in pursuant to the law laid down in the case of Damodar S. Prabhu Vs. Saiyad Babalal, 2010 (5) SCC 663, at the rate of 15% of the cheque amount, i.e. 15% of Rs.1,00,000/- (which comes to Rs.15,000/-) has to be deposited mandatorily.

The applicant is directed to deposit compounding fees at the rate of

Signature Not 15% of the cheque amount before the High Court Legal Services Committee, SAN Verified

Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.09.13 12:48:59 IST 2 CRR-1925-2021 Jabalpur within a period of 15 days from today. This compromise would be effective, on deposit of the compounding fee, failing which, the proceeding of the criminal revision would continue as per law. Once the compounding is complete under Section 147 of the Negotiable Instruments Act the applicant will be deemed to be acquitted from the charge of Section 138 of the Negotiable Instruments Act.

This criminal revision is disposed of subject to the above conditions.

                            (SATYENDRA KUMAR SINGH)                   (RAVINDRA SHRIVASTAVA )
                                    MEMBER                                       MEMBER


                      kkc




Signature
 SAN      Not
Verified

Digitally signed by
KRISHAN KUMAR
CHOUKSEY
Date: 2021.09.13
12:48:59 IST