Sanjay Singh vs Smt. Sheela Bai Rathor
2022 Latest Caselaw 7274 MP

                                                                          1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                        BEFORE
                                                         HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                                  ON THE 13th OF MAY, 2022

                                                        CRIMINAL REVISION No. 1482 of 2022

                                                Between:-
                                                SANJAY SINGH S/O SHRI TRILOK SINGH, AGED
                                                ABOUT    50   YEARS, R/O JAHANVI KUNJ,
                                                SHANKAR GARDEN, SEMRA KALA BHOPAL,
                                                POLICE    STATION    BAJARIYA    BHOPAL,
                                                DISTRICT-BHOPAL (MADHYA PRADESH)

                                                                                                      .....PETITIONER
                                                (BY SHRI HAKIN KHAN QURESHI - ADVOCATE )

                                                AND

                                                SMT. SHEELA BAI RATHOR W/O SHRI SUKHDEV
                                                RATHOR, AGED ABOUT 45 YEARS, R/O HOUSE
                                                NO.785,  SEMRA GATE,     BAPU COLONY,
                                                CHANDBAD      BHOPAL    DISTRICT-BHOPAL
                                                (MADHYA PRADESH)

                                                                                                     .....RESPONDENT
                                                (BY SHRI RAVINDRA PRATAP SINGH - ADVOCATE )

                                              T h is revision coming on for orders 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 07.08.2014 by Additional Chief Judicial Magistrate, Bhopal, District-Bhopal (M.P.) in RCT No.157/2011 and affirmed by the XVI Additional Sessions Judge, Bhopal, Signature Not Verified SAN District- Bhopal (M.P.) vide judgment dated 06.10.2015 delivered in Criminal

Digitally signed by ASHISH KUMAR JAIN Date: 2022.05.17 13:42:15 IST Appeal No.800/2014. By the judgments under challenged petitioner has been

awarded one years' R.I. and compensation of Rs.3,50,000/-.

2. Both the parties have filed the compromise vide I.A No. 6856/2022 and I.A. No.6858/2022, which has been verified by the Registrar (J-I) 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 06.10.2015 passed by the Appellate Court and the judgment and

order of Additional Chief Judicial Magistrate, Bhopal dated 07.08.2014 are set aside. The petitioner is acquitted from the charge under Section 138 of the Negotiable Instruments Act. He shall be released from the custody forthwith, if not required in any other case, 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 of.

(VIRENDER SINGH) JUDGE @shish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.05.17 13:42:15 IST