Kamal Singh Rawat vs Ravikant Jain
2022 Latest Caselaw 16163 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                          HON'BLE SMT. JUSTICE SUNITA YADAV
                                               ON THE 6 th OF DECEMBER, 2022
                                            CRIMINAL REVISION No. 3302 of 2022

                           BETWEEN:-
                           KAMAL SINGH RAWAT S/O SHRI RAMJILAL RAWAT,
                           AGED ABOUT 48 YEARS, OCCUPATION: AGRICULTURE,
                           R/O WARD NO 37 SHRILAL KA BADA, KAMLAGANJ,
                           DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY MR. RUDRA PRATAP SINGH KAURAV - ADVOCATE)

                           AND
                           RAVIKANT JAIN S/O LATE SHRI HARIBABU JAIN, AGED
                           38 YEARS, OCCUPATION: BUSINESS SHAKTIPURAM
                           COLONY, KHUDA, DISTRICT SHIVPURI (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           (BY MR. GHANSHYAM SINGH - ADVOCATE)

                                 Th is revision coming on for Orders this day, t h e court passed the
                           following:
                                                               ORDER

This Criminal revision assails the judgment dated 14.08.2019 passed in Criminal Appeal No.44/2018 by VII Additional Sessions Judge, Shivpuri, whereby the conviction and sentence, as recorded by JMFC, Shivpuri, District Shivpuri in Criminal Case No.1000494/2016 vide judgment dated 16.01.2018 have been affirmed. Accordingly, the petitioner stood convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo 1 year's RI and compensation to the tune of Rs.98,000/- with default stipulation.

During pendency of this Criminal Revision, the petitioner and the Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 12/6/2022 6:03:56 PM

respondent/complainant have filed the application which is I.A.No.13936/2022 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 on behalf of petitioner as well as respondent/complainant. Counsel for the parties submits that both the parties have entered into compromise according to their own volition and without there being any pressure.

Counsel for the petitioner submits that in compliance of order dated 08.09.2022, petitioner has already paid remaining amount i.e. Rs.60,000/- to the respondent before the trial Court and in support of his contention, he has filed an application vide I.A. No. 15956 of 2022, an application for taking document

on record along with the order sheet of trial Court, wherein it has been mentioned that petitioner has already paid remaining amount i.e. Rs.60,000/- to the respondent before the trial Court as directed by the Co-ordinate Bench of this Court on 08.09.2022.

Counsel for the respondent does not dispute to the aforesaid proposition.

Heard learned counsel for the parties and perused the record. Consequent upon the above said facts and that the petitioner and the respondent have amicably resolved the issue and the offence being compoundable with the permission of the Court, this Court allows the application (I.A. No.13936/2022).

In view of the aforesaid, the judgment of conviction and order of sentence dated 14.08.2019 passed by VII Additional Sessions Judge, Shivpuri in Criminal Appeal No.44/2018 as well as the judgment of conviction and order of sentence dated 16.01.2018 passed by Judicial Magistrate First Class,

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 12/6/2022 6:03:56 PM

Shivpuri District Shivpuri in Criminal Case No.1000494/2016 are hereby quashed.

Petitioner is acquitted of the charge levelled against him. Petitioner is on bail. His bail bond stands discharged.

Consequently, present Criminal Revision stands disposed of in terms of the compromise arrived at between the parties.

A copy of the order passed today be sent to the trial court for necessary compliance.

(SUNITA YADAV) JUDGE (LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 12/6/2022 6:03:56 PM