Nagendra Singh Khinchi vs Manoj
2022 Latest Caselaw 3540 MP

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HIGH COURT OF MADHYA PRADESH BENCH AT INDORE

                  NATIONAL LOK ADALAT

                    CRR. No.1578 of 2021
              (Nagendra Singh Khinchi vs. Manoj)

Indore dt.12.03.2022.

     Shri Anuj Bhargava, learned counsel for the petitioner.
     Parties are present in person.
     I.A.No.20357/2021 and I.A.No.20358 of 2021.
     These applications have been filed regarding terms of
compromise.
     Parties are directed to appear before the Principal
Registrar who shall verify the factum of compromise and
submit his report during the course of the day.
LATER ON:-
Indore dt.12.03.2022.
     Heard.
     This criminal revision has been preferred under Section
397 read with Section 401 of Cr.P.C. against the judgement
dated 30.10.2019 passed by Additional Sessions Judge,
Khategaon District Dewas in Criminal Appeal No.64/2019
affirming the judgement of conviction and sentence dated
30.01.2019

passed by Judicial Magistrate First Class, Khategaon District Dewas in Criminal Case No.39/2018 whereby, the applicant has been convicted under Section 138 of N.I. Act and sentenced to undergo for 1 year S.I. with a

direction to pay the compensation of Rs.9,50,000/- to the non-applicant/complainant.

Heard on I.A. No.20357/2021 an application filed on behalf of both the parties for compounding the offence under Section 138 of N.I. Act.

The matter was sent to the Prinicpal Registrar and parties were directed to appear before him. The Principal Registrar has verified the factum of compromise.

As per the report of Principal Registrar, the parties have amicably came to a settlment as per compromise deed. The report further reflects that the parties have entered into a compromise out of their free will and there is no influence, pressure, force or coercion over the parties.

Learned counsel for both the parties have submitted that they have settled the dispute amicably and entered into the compromise.

In support of the application, affidavit of the complainant/ nonapplicant has also been filed in which he has accepted that the applicant has already paid the amount of Rs.9,50,000/-.

After due consideration, I.A. No.20357/2021 stands disposed of.

Accordingly, the impugned judgments of the court below convicting the applicant is hereby set aside and the applicant is acquitted from the offence under Section 138 of

N.I. Act subject to deposit 1% of the cheque amount with the Secretary, High Court Legal Services Authority in the light of the directions issued by Hon'ble the Apex Court in case of Damodar S. Prabhu v. Sayed Babalal H. reported in 2010 (5) SCC 576 within a period of four weeks.

It is made clear that in any default in depositing the compounding fee, this order shall stand canceled automatically.

Bail bond of the applicant stand discharged. With the aforesaid, the revision petition stand disposed of.

(JUSTICE AMAR NATH (KESHARWANI) (M.A. MANSOORI) MEMBER MEMBER

das Digitally signed by REENA PARTHO SARKAR Date: 2022.03.14 17:49:21 +05'30'