Saras Jain vs Satish Kumar Patel
2022 Latest Caselaw 16220 MP

                                                                      1
                                     IN     THE      HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                               BEFORE
                                                   HON'BLE SMT. JUSTICE ANJULI PALO
                                                       ON THE 7 th OF DECEMBER, 2022
                                                    CRIMINAL REVISION No. 4282 of 2022

                                    BETWEEN:-
                                    SARAS JAIN S/O SUDHEER JAIN, AGED ABOUT 22
                                    YEAR S, R/O NIWASI SHUBHAM DUBEY KA MAKAN,
                                    THAPAK WARD, PATAN, DISTRICT JABALPUR
                                    (MADHYA PRADESH)

                                                                                                  .....PETITIONER
                                    (BY SHRI ABHILASH DUBEY - ADVOCATE)

                                    AND
                                    SATISH KUMAR PATEL S/O LATE BADRI PRASAD
                                    PATEL, AGED ABOUT 47 YEARS, R/O NIWASI GRAM
                                    SUKHA THANA MADOTAL DISTRICT JABALPUR
                                    (MADHYA PRADESH)

                                                                                               .....RESPONDENTS
                                    (BY SHRI SUMIT KUMAR SHUKLA - ADVOCATE)

                                          T h is revision coming on for orders this day, t h e cou rt passed the
                                    following:
                                                                       ORDER

This revision has been filed by the applicant under Section 397 read with Section 401 of Cr.P.C. 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.4,50,000/- under Section 357 of Cr.P.C. and imposed cost of Rs.5,000/- under Section 359 of Cr.P.C.

Signature Not Verified I.A. No.20997/2022 and I.A.No.20998/2022, which are the application SAN

Digitally signed by NITESH PANDEY under Section 320 (1) & 320 (2) of Cr.P.C. have been filed by both the parties Date: 2022.12.08 17:32:23 IST

for grant permission to compound the offence. Their application are also

supported by affidavit of respondent.

Vide order dated 21.11.2022 the parties have been directed to appear before the Registrar (Judicial-II) for verification of compromise arrived between them. In compliance of order dated 21.11.2022 the parties appeared before the Registrar (Judicial-II) for verification of their compromise. The Registrar (Judicial-II) submitted his report stating that the parties have compromised the matter voluntarily without any threat, inducement, pressure or coercion. They have settled their dispute amicably. However, Registrar (Judicial-II) pointed out that in view of decision in Damodardas S. Prabhu Vs. Sayed Babalal H, (2010) 5 SCC 663, the applicant is required to deposit compounding fee at the

rate of 15% of the cheque amount with the State Legal Services Authority.

Taking into account the entire fact situation as also considering the report of Registrar (Judicial-II) and in view of decision in the case of Damodar S. Prabhu (supra), the revision is allowed with the condition that if the applicant deposits Rs.53,424/- towards compounding fee before the M.P.State Legal Services Authority within 30 days from the date of receipt of certified copy of this order and produces receipt thereof, the judgment of conviction and order of sentence of applicant shall be treated to have been set aside and the applicant shall be acquitted from the charges levelled against him. Thereafter, applicant be released immediately.

In the result, the revision is disposed of subject to above condition.

(SMT. ANJULI PALO) JUDGE Signature Not Verified SAN

Nitesh Digitally signed by NITESH PANDEY Date: 2022.12.08 17:32:23 IST