Jagdish Prasad vs Smt. Shakuntala
2022 Latest Caselaw 2995 MP

                                            1
         IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                      BEFORE
                          HON'BLE SMT. JUSTICE ANJULI PALO
                               ON THE 3rd OF MARCH, 2022

                           CRIMINAL REVISION No. 117 of 2022

         Between:-
         JAGDISH PRASAD S/O BADRI PRASAD GUPTA , AGED
         ABOUT 52 YEARS, OCCUPATION: BUSINESS R/O ASHOK
         MISHTHAN    BHANDAR      DEVENDRANAGAR      P.S.
         DEVENDRANAGAR DISTT. PANNA M.P. (MADHYA
         PRADESH)

                                                                          .....APPLICANT
         (BY SHRI SANJEEV TULI, ADVOCATE )

         AND

         SMT. SHAKUNTALA W/O LATE BABULAL YADAV , AGED
         ABOUT 50 YEARS, OCCUPATION: NIL R/O BENI SAGAR
         MOHALLA (NEAR PUBLIC SCHOOL) PANNA P.S. KOTWALI
         PANNA DISTT. PANNA M.P. (MADHYA PRADESH)

                                                                        .....RESPONDENT
         (BY SHRI RAJNEESH PANDEY, ADVOCATE)

      This revision coming on for admission this day, the court passed the following:
                                         ORDER

Thi s 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.2,52,500/- under Section 357 (3) of the Code of Criminal Procedure by learned Judicial Magistrate First Class, Panna in case SCNIA No.85/2017 which has been affirmed by the lower appellate Court in impugned judgment.

The applicant has filed I.A. No.3693/2022, an application for exemption from surrendering of the applicant before the trial Court.

In view of the compromise entered into between the parties and in the light of the decision of the Supreme Court in the case of Vivek Raj and Another v. High Court of Jharkhand, (2015) 12 SCC 86, I.A. No.3693/2022 is hereby allowed and the applicant is exempted from surrendering before the trial Court.

I.A. No.503/2022, an application under Section 320 (2) of the Code of Criminal Procedure has been filed by both the parties for grant permission to

compound the offence. Their application is also supported by their own affidavits.

The parties have entered into the compromise and settled their matter amicably. With regard to recording of their compromise, the statements of the parties and fact of their compromise have been verified by Registrar (J-I) on 17.02.2022. Both the

parties have stated they have entered into compromise voluntarily without any threat, inducement, pressure or coercion. They have settled their dispute amicably. In the verification report it is mentioned that complainant has categorically stated that an amount of Rs.2,32,500/- has been received by her towards the full and final settlement of their dispute arising out of dishonour of the cheque in question worth Rs.2,00,000/-.

Keeping in view the decisions of the Hon'ble Supreme Court in the case of Damodardas S. Prabhu Vs. Sayed Babalal H (2010) 5 SCC 663 a n d Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and Others (2014) 10 SCC, 690 the applicant- Jagdish Prasad is directed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand) as compounding fee before the M.P. High Court Legal Services Committee within fifteen days from today.

In view of the compromise entered into between the parties, they have established cordial relationship and shall continue to have cordial relationship in future, this compounding of offence is allowed. It would have effect of acquittal under Section 320 (8) of the Cr.P.C. and, therefore, the applicant is acquitted from offence under Section 138 of the Negotiable Instruments Act in view of the compounding. However, as agreed to by counsel for the parties, the amount deposited by the applicant before the Courts below and this Court, if any, be adjusted.

Accordingly, this revision is disposed of.

(SMT. ANJULI PALO) JUDGE ks Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.03.07 06:13:35

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