Sanjay vs Kishorilal
2022 Latest Caselaw 3541 MP

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HIGH COURT OF MADHYA PRADESH BENCH AT INDORE

                   NATIONAL LOK ADALAT

                          CRR. No.2535/2021
                        (Sanjay VS. Kishorilal)

Indore dt.12.03.2022.

     Shri Rakesh Pal,learned counsel for the petitioner.
     Shri Nilesh Saraf, learned counsel for the respondent.

Parties have jointly filed I.A.No.28014/2021. As stated in the application, they have settled the dispute in terms of the conditions mentioned in the application.

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 21.09.2021 passed by Additional Sessions Judge, Sanawad District Mandleshwar in Criminal Appeal No.38/2020 affirming the judgement of conviction and sentence dated 29.7.2019 passed by Judicial Magistrate First Class, Sanawad District Mandleshwar in NCNIANo.24/2018 whereby, the applicant has been

convicted under Section 138 of N.I. Act and sentenced to undergo for 6 months S.I. with a direction to pay the compensation of Rs.63,500/- to the non- applicant/complainant.

Heard on I.A. No.28014/2021 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.63,500/-.

After due consideration, I.A. No.28014/2021 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 18:46:54 +05'30'