Sunil Mehra vs Santosh Kumar Sahu
2023 Latest Caselaw 5732 MP

                                1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                         BEFORE
      HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                      ON THE 10 th OF APRIL, 2023
                 CRIMINAL REVISION No. 4101 of 2022

BETWEEN:-
SUNIL MEHRA S/O SHRI DHURI MEHRA, AGED ABOUT
40    YEARS, OCCUPATION: NAUKARI R/O NALA
MOHALLA     ITARSI  TEHSIL  ITARSI   DISTRICT
NARMADAPURAM (MADHYA PRADESH)

                                                            .....APPLICANT
(BY SHRI H. R. NAIDU - ADVOCATE)

AND
SANTOSH KUMAR SAHU S/O PREMNARAYAN, AGED
ABOUT   35   YEARS, OCCUPATION: VYAVSAY R/O
PUSHPANJALI WEAR HOUSE KE SAMNE JAMINI ROAD
ITARSI TEHSIL ITARSI ZILA NARMADAPURAM
(MADHYA PRADESH)

                                                          .....RESPONDENT
(BY SHRI BALJEET SINGH - ADVOCATE)

      T h is revision coming on for orders this day, t h e cou rt passed the
following:
                                 ORDER

Heard on I.A. No.19950/2022, which is an application under Section 5 of Limitation Act for condonation of delay which is supported by an affidavit of the applicant.

On consideration of the arguments advanced by learned counsel for the applicant and the ground mentioned in the application, the same (I.A. No.19950/2022) is allowed.

Delay in filing this Criminal Revision is hereby condoned.

Learned counsel for the applicant submits that the compromise has taken place between the applicant and the respondent and as per the condition of the compromise, the respondent has received the entire cheque amount. Respondent has no objection if the applicant has been acquitted in the instant matter. Therefore, no useful purpose would be served by putting the applicant behind the bar.

Learned counsel for the respondent/complainant submitted that, the parties have entered into settlement. As per the compromise, respondent has already received the entire cheque amount of Rs. 1,20,000/- from the

applicant.

Looking to the peculiar facts and circumstances of the case and the fact that parties of the case have entered into compromise and the respondent has already been received the cheque amount, no useful purpose would be served to keep the accused behind the bar.

Since, the offence has been compounded by the respondent with the applicant, therefore, this Criminal Revision is allowed stands disposed of subject payment of cost, which shall be 15% of the cheque amount of Rs.67,800/- as per the guidelines issued by Hon'ble the Apex Court in the case of Damodar S. Prabhu Vs.Sayed Babalal (2010)5 SCC 663.

Judgment dated 20/12/2018 passed by learned IIIrd Additional Sessions Judge, Itarsi, district Hoshangabad, in Criminal Ap p e a l No. 06/2017 affirming the judgment dated 30/06/2022 passed by learned Judicial Magistrate First Class, Itarsi, district Hoshangabad, in Criminal Case No. 1144/2008 are hereby set aside. Applicant is acquitted from the

charges of Section 138 of N.I. Act.

The applicant is directed to deposit the 15% amount of the cheque amount as cost within seven days from the date of his releasing with the District Legal Service Authority, Hoshangabad (M.P.) , failing which this order shall stands cancelled without further reference to this Court and the order passed by learned IIIrd Additional Sessions Judge, Itarsi, district Hoshangabad shall be upheld.

All the pending interlocutory applications be disposed off. A copy of this order be sent to the concerned trial Court for necessary compliance.

(RAJENDRA KUMAR (VERMA)) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.04.11 12:04:06 +05'30'