R. K. Sharm vs Smt. Savita Jain
2022 Latest Caselaw 559 MP

                                    1

              HIGH COURT OF MADHYA PRADESH
                            CRR-6148-2019

                      (R.K. Sharma Vs. Savita Jain)

JABALPUR; Dated: 12.01.2022
      Heard Through Video Conferencing
      None for the parties joined video conferencing.
      Perused the record.
      Record reveals that the parties have entered into a compromise
voluntarily, without any coercion, pressure, threat or undue influence
and as such the dispute between them stands settled.
2.    The applicant stood convicted by the Court of Judicial
Magistrate First Class, Jabalpur in an offence committed by him
under Section 138 of Negotiable Instruments Act vide judgment
dated 27.5.2014 passed in Criminal Case No. 6668/2010. The order
was assailed by the applicant in an appeal but vide judgment dated
31.3.2015

passed in in Criminal Appeal No. 177/2014 by Additional Sessions Judge, Jabalpur the finding of conviction has been affirmed, against which, this revision has been filed.

3. The applicant has been sentenced for the offence under Section 138 of N.I. Act for a period of one year and compensation awarded to the tune of Rs.2,90,000/-, in default two months imprisonment.

4. As per the compromise arrived at, the parties were directed to appear before the Registrar (J) so as to ascertain the veracity of the statement made regarding compromise by both the counsel and as such the parties appeared before the Registrar (J) and got their statement recorded.

5. According to the report of Registrar (Judicial), the parties have entered into compromise voluntarily, without any fear and influence. They are competent to compromise the case in all respect. The offence is compoundable. On due considerations the compromise is allowed.

6. In view of the compromise the impugned orders dated 27.5.2014 and 31.3.2015 are set aside and the applicant is acquitted of the offence under Section 138 of N.I. Act.

7. The petition stands disposed of.

8. All pending interlocutory applications, stand disposed off.

(Virender Singh) JUDGE vivek

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2022.01.19 09:58:31 +05'30'