Banti Rawat vs Hargyan Yadav
2022 Latest Caselaw 7363 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                           BEFORE LOK ADALAT
             HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                   &
                SHRI J.D. SURYAVANSI, SENIOR ADVOCATE
                          ON THE 14th OF MAY, 2022

                CRIMINAL REVISION No. 1682 of 2022

        Between:-
        BANTI RAWAT S/O AMAR SINGH RAWAT ,
        AGED ABOUT 31 YEARS, OCCUPATION: KRASHI
        VILL PAHADI BASAI PS SIRSAUD TEH SHIVPURI
        (MADHYA PRADESH)

                                                               .....PETITIONER
        (BY SHRI JITENDRA TYAGI-ADVOCATE )

        AND

        HARGYAN YADAV S/O LATTU RAM YADAV ,
        AGED ABOUT 45 YEARS, OCCUPATION: KRASHI
        VILL SATERIYA TEH SHIVPURI (MADHYA
        PRADESH)

                                                            .....RESPONDENTS
        (BY SHRI ASHISH SAXENA-ADVOCATE )

      This revision coming on for conciliation this day, the Bench passed the
following:
                                   ORDER

The present Criminal Revision under Section 397/401 of Cr.P.C. has been filed against the judgment of conviction and order of sentence dated 05.03.2019 passed by Seventh Additional Sessions Judge, Shivpuri in Criminal Appeal No. 139/2019, confirming the judgment of conviction and order of sentence dated 28.02.2019 passed by Judicial Magistrate First Class, Shivpuri in Criminal Case No.124/2017, convicting the petitioner under Section 138 of Negotiable Instruments Act and sentencing him to undergo rigorous

imprisonment for one year with fine of Rs.50,000/- as compensation under section 357(3) of Cr.P.C. payable to the complainant, with default stipulation.

During pendency of this Criminal Revision, I.A. No. 8003/2022 has been filed by the petitioner and respondent jointly seeking permission of this Court to dispose of the matter on the basis of compromise. In support of aforesaid application, an affidavit has also been filed on behalf of respondent Hargyan Yadav. Counsel for both the parties submit that both the parties have entered into compromise according to their own volition and without there being any pressure.

For the foregoing reasons, I.A. No. 8003/2022 is allowed.

This Court deems it appropriate to permit the parties to compound the offence on the basis of compromise entered into between the parties. The judgment of conviction and order of sentence dated 05.03.2019 passed by Seventh Additional Sessions Judge, Shivpuri in Criminal Appeal No. 139/2019 as well as the judgment of conviction and order of sentence dated 28.02.2019 passed by Judicial Magistrate First Class, Shivpuri in Criminal Case No.124/2017 are set aside.

Petitioner is acquitted of the charge levelled against him. The petitioner is in jail. He be released accordingly, if not required in any other case. The amount of compensation so deposited by the petitioner be given to the complainant.

In view of the above, I.A. No.7256/2022 and I.A. No. 7257/2022 are disposed of.

Consequently, Criminal Revision stands disposed of

(DEEPAK KUMAR AGARWAL) (J.D. SURYAVANSI ) MEMBER MEMBER vv

VALSALA VASUDEVAN 2022.05.14 16:21:39 +05'30'