Sitaram Namdev vs Vinod
2022 Latest Caselaw 3535 MP

                                    1
     IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                           BEFORE LOK ADALAT
             HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                                    &
                    SENIOR ADVOCATE SHRI K.S. TOMAR
                           ON THE 12th OF MARCH, 2022
                                IN LOK ADALAT

                  CRIMINAL REVISION No. 3818 of 2019

         Between:-
         SITARAM NAMDEV S/O SHRI SURESHCHAND
         NAMDEV , AGED ABOUT 39 YEARS, KARNELGANJ
         BEHIDN TO HANUMAN TEMPLE GUNA (MADHYA
         PRADESH)

                                                                   .....PETITIONER
         (BY SHRI RISHIKESH BOHARE, ADVOCATE)

         AND

         VINOD S/O SHRI SHRIKRISHNA NAMDEV , AGED
         ABOUT 50 YEARS, TRIMURTI COLONY GUNA
         (MADHYA PRADESH)

                                                                 .....RESPONDENT
         (BY SHRI ANAND KUMAR DUBEY, ADVOCATE)

      T h is revision coming on for hearing this day, the court passed the
following:
                                     ORDER

T he present criminal revision has been filed under Section 397 read with Section 401 of Cr.P.C. against the judgment dated 02/02/2019 passed in Criminal Appeal No.325/2017 by First Additional Sessions Judge, Guna, District Guna confirming the judgment dated 21/11/2017 passed by the Court of JMFC, Guna in Criminal Case No.2057/2013 whereby the petitioner has been convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo six months simple imprisonment with direction to pay compensation of Rs.2,10,000/- to the complainant/respondent.

Petitioner/accused as well as respondent/complainant appeared before this Lok Adalat and they have been duly identified by their respective counsel. Both the parties have signed the docket which is attached herewith this order.

I.A. No.3668/2022, an application under Section 147 of NI Act has jointly 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.

Considering the fact that the parties have amicably settled their dispute under the terms mentioned in I.A. No.3668/2022 voluntarily, without any fear and coercion, this criminal revision is disposed of on the basis of compromise.

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

Let a copy of this order be sent to the concerning Courts below as well as police station concerned for information.

  (RAJEEV KUMAR SHRIVASTAVA)                                        ( K.S. TOMAR)
            MEMBER                                                   MEMBER
Shubhankar

     Digitally signed by
     SHUBHANKAR MISHRA
     Date: 2022.03.14
     11:17:41 +05'30'