Kodulal Mehra vs Rajendra Mehra
2022 Latest Caselaw 7039 MP

                                                                    1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                   HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                            ON THE 10th OF MAY, 2022

                                                  CRIMINAL REVISION No. 1963 of 2019

                                          Between:-
                                          KODULAL MEHRA S/O SHRI SHANKERLAL
                                          MEHRA    ,   AGED   ABOUT    50  YEARS,
                                          OCCUPATION: LABOUR R/O. TALAPAAR KISANI
                                          WARD PS TEH AND DISTT. (MADHYA PRADESH)

                                                                                                .....PETITIONER
                                          (BY SHRI VINAY KUMAR SHARMA)

                                          AND

                                          RAJENDRA MEHRA S/O SHRI KHER SINGH
                                          MEHRA , AGED ABOUT 48 YEARS, R/O. KHAIRI
                                          MAHALPURA PS AND TEH. KARELI (MADHYA
                                          PRADESH)

                                                                                               .....RESPONDENT
                                          (NONE FOR RESPONDENT)

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

This revision petition under Section 397/401 of Cr.P.C. has been filed by

the petitioner against the judgment of conviction under Section 138 of Negotiable Instrument Act recorded vide judgment dated 13.11.2017 by Judicial Magistrate First Class, Narsinghpur, District-Narsinghpur (M.P.) in Criminal Case No. 344/2016 and affirmed by the First Additional Sessions Judge, Narsinghpur District- Narsinghpur (M.P.) vide judgment dated 1.4.2019 Signature Not Verified SAN delivered in Criminal Appeal No.133/2017. By the judgments under challenged Digitally signed by VIVEK KUMAR TRIPATHI petitioner has been awarded one years' R.I. and compensation of Rs.70,000/- Date: 2022.05.13 18:10:55 IST

.

2. Both the parties have filed the compromise vide I.A No. 7190/2022, which has been verified by the Registrar (J-II) of this Court. As per report placed on record both the parties are competent to compromise the case and they have entered into the compromise voluntarily without any fear, pressure or undue influence from either side.

3. The offence alleged is compoundable as per Section 147 of the Negotiable Instruments Act.

4. On due consideration the compromise is allowed. The judgment and order dated 1.4.2019 passed by the Appellate Court and the judgment and order

of Judicial Magistrate First Class dated 13.11.2017 are set aside. The petitioner is acquitted from the charge under Section 138 of the Negotiable Instruments Act. His bail bond stands discharged subject to payment of 3% of the cheque amount in view of decision in Damodardas S. Prabhu v. Sayed Babalal H (2010) 5 SCC 663 and Madhya Pradesh State Legal Service Authority v. Prateek jain and others (2014) 10 SCC690.

5. With the aforesaid the petition stands allowed and disposed.

(VIRENDER SINGH) JUDGE vivek

Signature Not Verified SAN

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2022.05.13 18:10:55 IST