Rajendra Chourey vs Jahid Khan
2022 Latest Caselaw 12896 MP

                                                                        1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                     BEFORE
                                                         HON'BLE SMT. JUSTICE ANJULI PALO
                                                           ON THE 26th OF SEPTEMBER, 2022

                                                      CRIMINAL REVISION No. 3168 of 2022

                                             BETWEEN:-
                                             RAJENDRA CHOUREY S/O LATE TRIBHUWAN
                                             CHOUREY,    AGED   ABOUT    50   YEARS,
                                             OCCUPATION:   BUSINESS   R/O    VILLAGE
                                             KAJALKHEDI TAH AND P.S. MAKHANNAGAR
                                             DISTRICT    NARMADAPURAM       (MADHYA
                                             PRADESH)

                                                                                                     .....APPLICANT
                                             (BY SHRI RAJNISH KUMAR PANDEY, ADVOCATE)

                                             AND
                                             JAHID KHAN S/O BABU KHAN, AGED ABOUT 28
                                             Y E A R S , R/O AWAS    COLONY    TAH
                                             MAKHANNAGAR DISTRICT NARMADAPURAM
                                             (MADHYA PRADESH)

                                                                                                   .....RESPONDENT
                                             (BY SHRI SANJEEV TULI, ADVOCATE)

                                           This revision coming for orders on interlocutory applications this day,
                                     the court passed the following:
                                                                         ORDER

Considered I.A.No.15796/2022, which is an application for granting exemption to applicant from surrendering.

Learned counsel for the applicant submitted that compromise has been entered into between the parties and, therefore, applicant may be exempted from surrendering before the Court.

Signature Not Verified SAN For the reasons stated in the application and in view of the compromise

Digitally signed by RAJESH MAMTANI entered into between the parties and taking into account the law laid down in the Date: 2022.09.29 17:40:54 IST

decision of Supreme Court in the case of Vivek Rai and another v. High

Court of Jharkhand, (2015) 12 SCC 86, this interlocutory application is hereby allowed and the applicant is exempted from surrendering before the trial Court.

In view of above, this revision is now maintainable. This revision has been filed by the applicant under Section 397 read with Section 401 of Cr.P.C. against judgment dated 30.7.2022 passed by First Additional Sessions Judge, Narmadapuram in Criminal Appeal No.35/22019 (arising out of judgment dt.14.3.2019 passed by JMFC, Hoshangabad in Criminal Case No.1000671/15) whereby the applicant has been convicted u/s 138 of N.I.Act for R.I. of 03 months and to pay compensation of Rs.5,00,000/-

u/s 357(3) of Cr.P.C. with default stipulations.

T he parties have entered into the compromise and settled their matter amicably. In this regard, the applicant has filed I.A. No.15662 of 2022, an application under Section 320 (2) & (5) of the Cr.P.C. The application is also supported by affidavit of respondent.

Vide order dated 25.08.2022 the parties have been directed to appear before the Registrar (Judicial-II) for verification of compromise arrived between them. In compliance of order dated the parties appeared before the Registrar (Judicial-II) for verification of their compromise. The Registrar (Judicial-II) submitted his report dated 30.8.2022 stating that the parties have compromised the matter voluntarily without any threat, inducement, pressure or coercion. They have settled their dispute amicably. However, Registrar (Judicial-II) pointed out that in view of decision in Damodardas S.Prabhu Vs. Sayed Signature Not Verified SAN Babalal H, (2010) 5 SCC 663, the applicant is required to deposit Digitally signed by RAJESH MAMTANI Date: 2022.09.29 17:40:54 IST compounding fee at the rate of 15% of the cheque amount i.e. Rs.4,00,000/-

with the State Legal Services Authority.

Taking into account the entire fact situation as also considering the report of Registrar (Judicial-II) and in view of decision in the case of Damodar S.Prabhu (supra), the revision is allowed with the condition that if the applicant deposits Rs.60,000/- (15% of Rs.4,00,000/-) towards compounding fee before the M.P.State Legal Services Authority within 30 days from the date of receipt of certified copy of this order and on production of receipt thereof, the judgment of conviction and order of sentence of applicant shall be treated to have been set aside and the applicant shall be acquitted from the charges levelled against him. Thereafter, applicant be released immediately.

In the result, the revision is disposed of subject to above condition. Let a copy of this order be sent to the concerned courts below for record and necessary action.

(SMT. ANJULI PALO) JUDGE RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.09.29 17:40:54 IST