Vijay Kumar Shrivastav vs State Bank Of Indore
2022 Latest Caselaw 5525 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                  BEFORE
                      HON'BLE SMT. JUSTICE ANJULI PALO
                          ON THE 18th OF APRIL, 2022

                 CRIMINAL REVISION No. 1665 of 2021

        Between:-
        VIJAY KUMAR SHRIVASTAV
        S/O LATE JP SHRIVASTAV
        OCCUPATION: BUSINESS
        R/o - D X -10(KHA) MAHISHMATI BAGMUGALIYA
        HOSHANGABAD ROAD,
        BHOPAL
        PRESENTLY R/O OF A-1 VIJAY VILLAS KOLAR
        ROAS BHOPAL

                                                                .....APPLICANT
        (BY SHRI ANURAG GOHIL, ADVOCATE)

        AND

        STATE BANK OF INDORE
        THROUGH NARENDRA SHARMA
        S/O SUNDARLAL SHARMA
        AGE - 56 YEARS
        R/O D-17, MUSKAN PARISAR
        AYODHYA BYPASS BHOPAL

                                                             .....RESPONDENT


      Th is revision coming on for admission this day, the court passed the
following:
                                   ORDER

This revision has been filed by the applicant under Section 397 read with Section 401 of Cr.P.C. against the judgment dated 15.01.2021 passed by learned 5th Additional Sessions Judge, Bhopal in Criminal Appeal No.622/2018 whereby the judgment of conviction and sentence passed by Judicial Magistrate First Class, Bhopal in RT No.24384/08 has been affirmed. The applicant has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for 06 months with compensation amount of Rs.88,000/- under Section 357 (3) of the Code of Criminal Procedure.

T h e applicant has filed I.A. No.22476/2021, an application for exemption from surrendering of the applicant before the trial Court.

In view of the compromise entered into between the parties and in the light of the decision of the Supreme Court in the case of Vivek Raj and Another v. High Court of Jharkhand, (2015) 12 SCC 86, I.A. No.22476/2021 is hereby allowed and the applicant is exempted from

surrendering before the trial Court.

The parties have entered into the compromise and settled their matter amicably. With regard to recording of their compromise, the statements of the parties and fact of their compromise have been verified by Registrar (J-I) on 22.03.2022. Both the parties have stated they have entered into compromise voluntarily without any threat, inducement, pressure or coercion. They have settled their dispute amicably. In the verification report it is mentioned that complainant/respondent/State Bank of Indore categorically stated that an amount of Rs.1,08,000/- (one lac and eight thousand only) has been received by the Bank towards full and final settlement of dispute arising out of dishonour of the cheque worth Rs.50,000/- (Fifty Thousand only).

In view of the decision in the cases of Damodardas S. Prabhu v. Sayed Babulal H (2010) 5 SCC 663 and Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and Others (2014) 10 SCC, 690 the applicant- Vijay Kumar Shrivastav is directed to deposit 15% of the cheque amount by way of compounding fee with the M.P. State Legal Services Authority in connection with the compromise within a period of twenty days from today.

In view of the compromise entered into between the parties, they have established cordial relationship and shall continue to have cordial relationship in future, hence this compounding of offence is allowed. It would have effect of acquittal under Section 320 (8) of the Cr.P.C. and, therefore, the applicant is acquitted from offence under Section 138 of the Negotiable Instruments Act in view of the compounding.

Accordingly, this revision is disposed of.

(SMT. ANJULI PALO) JUDGE ks

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.04.23 06:40:02 -07'00'