Kamlesh Pal vs Santosh Sahu
2022 Latest Caselaw 10350 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                 BEFORE
                    HON'BLE SMT. JUSTICE SUNITA YADAV
                         ON THE 1st OF AUGUST, 2022

               MISC. CRIMINAL CASE No. 34276 of 2022

        Between:-
        KAMLESH PAL W/O SHYAMBABU PAL, AGED
        ABOUT 53 YEARS, OCCUPATION: HOUSEWIFE
        NAKA CHANDRAWADNI BADE PUL KE PASS
        HEENA SPORT KE SAMNE LASHKAR (MADHYA
        PRADESH)

                                                             .....PETITIONER
        (BY MR. LALAN MISHRA - ADVOCATE)

        AND

        SANTOSH SAHU S/O RAMBHAROSE SAHU,
        AGED   ABOUT   45  YEARS, OCCUPATION:
        SHOPKEEPER    NAKA    CHANDRAWADNI
        SARKARI TAL KE SAMNE GADDEWALA
        MOHALLA LASHKAR (MADHYA PRADESH)

                                                            .....RESPONDENT
        (BY MR. M. KHAN - ADVOCATE)

      This application coming on for hearing this day, the court passed the
following:
                                      ORDER

The present petition has been filed under Section 482 of Cr.P.C. against the judgment dated 30.07.2019 passed in Criminal Appeal No.79/2019 by Thirteen Additional Sessions Judge, Gwalior, District Gwalior confirming the judgment dated 05.02.2019 passed by the Court of JMFC, Gwalior in Criminal Case No.2515107/2013, whereby the petitioner has been convicted under Section 138 of Negotiable Instruments Act and directed to pay compensation of Rs.1,27,400/- to the respondent.

In compliance of the order dated 21.07.2022 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded statement of complainant/respondent as well as petitioner/accused and has submitted a report that the parties have arrived at compromise voluntarily without any threat, inducement and coercion. The verification report further states that as per Section 147 of Negotiable Instrument Act, the offence under Section 138 of Negotiable Instrument Act is compoundable.

I.A. No.10977/2022 and I.A.No.34276/2022, applications under Section 147 of NI Act have been filed by the petitioner & respondent stating therein that

under the terms mentioned in the application, the matter has been compromised between the parties voluntarily, without any fear and coercion, and according to Section 147 of N.I. Act, the offence under Section 138 of NI Act is compoundable. Hence, learned counsel for the parties prays for disposal of this revision by acquitting the petitioner/accused from the charges under Section 138 of NI Act.

Section 147 of NI Act reads as under :

Offences to be compoundable. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) every offence punishable under this Act shall be compoundable. Considering the fact that the parties have amicably settled their dispute under the terms mentioned in I.A.No.10977/2022 and I.A.No.34276/2022 voluntarily, without any fear and coercion, this petition filed under Section 482 of Cr.P.C. is disposed of on the basis of compromise.

Therefore, judgment dated 30.07.2019 passed in Criminal Appeal No.79/2019 by Thirteen Additional Sessions Judge, Gwalior, District Gwalior

and the judgment dated 05.02.2019 passed by the Court of JMFC, Gwalior in Criminal Case No.2515107/2013 are hereby set aside.

Consequently, petitioner/accused Kamlesh Pal is hereby acquitted from the charge of offence under Section 138 of Negotiable Instruments Act.

The petition, accordingly, stands allowed. Let a copy of this order be sent to the concerning Courts below as well as police station concerned for information.

(SUNITA YADAV) JUDGE bj/-

BARKH Digitally signed by BARKHA SHARMA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF

A MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=3e36b1b2d6eed9536d1b

SHARM 38ba570a4828b594cc6ef332778d 1c7ede28eab061c3, pseudonym=7368F8C45E320EAB4 89D20DE1465D83541AEB193, serialNumber=A299B1E2B57EB3E7

A 9D641AE7355F675DC1134B3CA89 12AA7A3F8AABDF66804A6, cn=BARKHA SHARMA Date: 2022.08.03 11:18:51 +05'30'