Rajesh Kumar Mathur vs Jagannath Ahirwar
2022 Latest Caselaw 6323 MP

                                                                    01

               HIGH COURT OF MADHYA PRADESH

                     MCRC No. 20855 of 2022
               (RAJESH KUMAR MATHUR Vs JAGANNATH AHIRWAR)


Gwalior, Dated: 27.04.2022

      Shri Akhilesh Gupta, learned counsel for the petitioner.

      Shri Ashirwad Dwivedi, learned counsel for the respondent.

This petition under Section 482 of Cr.P.C. has been filed against

the judgment of conviction and order of sentence dated 03.06.2019

passed by Fifth Additional Judge in the Court of First Additional

Sessions Judge, Vidisha in Criminal Appeal No. 07/2019 confirming

the judgment of conviction and order of sentence dated 07.01.2019

passed by Judicial Magistrate First Class, Vidisha in Case

No.85/2016, convicting the petitioner under Section 138 of

Negotiable Instruments Act and sentencing him to undergo simple

imprisonment of three months with fine of Rs.1,25,350- as

compensation under section 357(3) of Cr.P.C. payable to the

complainant.

During pendency of this petition, I.A. No. 6698/2022 under

section 147 Negotiable Instrument Act r/w section 320 Cr.P.C.has

been filed seeking permission of this Court to dispose of the matter on

the basis of compromise. In support of aforesaid application,

affidavits have also been filed by the petitioner as well as the

respondent.

Learned counsel for the parties submit that both the parties

have entered into compromise according to their own volition and

without there being any pressure.

For the foregoing reasons, I.A. No.6698/2022 is allowed.

This Court deems it appropriate to permit the parties to

compound the offence on the basis of compromise entered into

between the parties. The judgment of conviction and order of

sentence dated 03.06.2019 passed by Fifth Additional Judge in the

Court of First Additional Sessions Judge, Vidisha in Criminal Appeal

No. 07/2019 as well as the judgment of conviction and order of

sentence dated 07.01.2019 passed by Judicial Magistrate First Class,

Vidisha in Case No.85/2016 are set aside.

Petitioner is acquitted of the charge levelled against him. If the

petitioner is in jail, he be released accordingly, if not required in any

other case.

In view of the above, the petition stands disposed of.

(Deepak Kumar Agarwal) Judge vv

VALSALA VASUDEVAN 2022.04.27 18:24:57 +05'30'