Rajendra Singh Kushwah vs Shyam Kishor Gupta
2022 Latest Caselaw 5413 MP

            The High Court Of Madhya Pradesh

                             Cr.R. No.451/2015
                        (Rajendra Singh vs. Shyam Kishore Gupta)




Gwalior, Dated : 12-04-2022

      Shri Tapendra Sharma, counsel for the petitioner.

      Shri Krishna Lal Gupta, counsel for respondent.

This Criminal revision has been filed by the petitioner against the

judgment dated 28.05.2015 passed by 11th Additional Sessions Judge,

Gwalior (MP) in Criminal Case No. 74/15 affirming the judgment dated

29.01.2015 passed by the JMFC, Gwalior in Criminal Case No.2042/2010

whereby convicting the petitioner under Section 138 of Negotiable

Instruments Act and sentenced him to undergo imprisonment for six

months and pay compensation of Rs.5,27,500/- to the complainant.

I.A. No. 3586/2022, an application under Section 147 of N.I. Act r/w

Section 320 of Cr.P.C. has been filed jointly on behalf of the petitioner as

well as complainant mentioning therein that both the parties have settled

their dispute amicably and on the basis of compromise, it is stated that out

of Rs.4,50,000/- of the compensation amount Rs.1,32,000/- has been

deposited before the Court below and Rs.3,20,000/- has been paid to the

complainant by way of Demand Draft and there remains no dispute

between them. Therefore, it is prayed that on the basis of aforesaid

compromise, criminal proceedings initiated against the petitioner may be

quashed.

Considering the settlement arrived at between the parties and the

provisions of Section 147 of Negotiable Instruments Act, I.A. No.

3586/2022 is allowed.

Accordingly, the criminal revision is allowed and the petitioner is

acquitted from the charge under Section 138 of Negotiable Instruments

Act. If the applicant is in jail, he be released accordingly.

(Deepak Kumar Agarwal) Judge VAN

VANDANA VERMA 2022.04.12 18:51:29 -07'00'