Vinay Kumar vs Mahesh Kumar
2023 Latest Caselaw 5822 MP

                                                                         1
                                        IN     THE      HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                BEFORE
                                             HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                             ON THE 11 th OF APRIL, 2023
                                                        CRIMINAL REVISION No. 889 of 2023

                                       BETWEEN:-
                                       VINAY KUMAR S/O SHRI SURESH PANCHESHWAR,
                                       AGED ABOUT 345 YEARS, OCCUPATION: PVT. JOB R/O
                                       VILLAGE-   CHICHGAON,    POST  BENI     TEHSIL-
                                       KHAIRLANJI     DISTRICT-BALAGHAT     (MADHYA
                                       PRADESH)

                                                                                                     .....APPLICANT
                                       (BY SHRI SANJAY SHARMA - ADVOCATE )

                                       AND
                                       MAHESH KUMAR S/O RAMNARAYAN BABNE R/O
                                       WARD NO. 1, BESIDES SHIV SAI MANDIR P.S. KOTWAIL
                                       TEHSIL AND DISTRICT- BALAGHAT (MADHYA
                                       PRADESH)

                                                                                                   .....RESPONDENT
                                       (BY SHRI PREM CHAND BATRI - ADVOCATE )

                                             This revision coming on for admission this day, th e court passed the
                                       following:
                                                                          ORDER

Heard on I.A. No. 7466 of 2023 which is an application for compromise under Section 147 of N.I. Act filed by the respondent.

Instant Criminal Revision under Section 397/401 of Cr.P.C. has been filed by the applicant being aggrieved by the Judgment dated 16.02.2023 passed by learned Second Additional Sessions Judge, Balaghat in CRA No. 96/2022, affirming the judgment dated 13.05.2022 passed by learned Judicial Magistrate Signature Not Verified SAN

Digitally signed by VAISHALI AGRAWAL Date: 2023.04.12 14:06:55 IST First Class, Balaghat in Criminal Case No. 129/2015, whereby the learned court

below has convicted the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for six months and a fine of Rs. 1,95,000/- as compensation. After conviction, applicant surrendered before the trial Court and since then he is in judicial custody.

Learned counsel for the applicant submitted that the parties of the case have entered into out of court settlement, respondent has already been received the entire awarded amount of Rs.1,95,000/-.

Learned counsel for the respondent/complainant submitted that, the parties have entered into settlement. Respondent has already received Rs.1,95,000/- from the applicant, therefore, he filed the I.A. No.7466/2023 for

compromise the matter.

Since, the parties of the case have entered into settlement and respondent has already received the amount of Rs.2,50,000/- by way of Demand Draft No.10352 of Bank of Maharashtra, I.A.No.7466/2023 is allowed.

O n due consideration, and 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 compensation amount, no useful purpose would be served to keep the accused behind the bar.

In view of the aforesaid, the criminal revision is allowed and stands disposed of subject payment of cost, which shall be 15% of the cheque amount of Rs.1,95,000/- as per the guidelines issued by Hon'ble the Apex Court in the case of Damodar S. Prabhu Vs.Sayed Babalal (2010)5 SCC

Signature Not Verified SAN

Judgment dated 16.02.2023 passed by learned Second Additional Digitally signed by VAISHALI AGRAWAL Date: 2023.04.12 14:06:55 IST

Sessions Judge, Balaghat in CRA No.96/2022 is hereby set aside. Applicant is

acquitted from the charges of Section 138 of N.I. Act.

On being deposition of 15% of the cheque amount by the petitioner as compounding fee, with the District Legal Service Authority, Balaghat (M.P.), within a period of one month from today, the petitioner shall be released from custody, if not required in any other case, in case of non- deposition of compounding fee, this order shall stands cancelled without further reference to this Court and the order passed by learned Second Additional Sessions Judge, Balaghat District-Balaghat in CRA No.96/2022 shall be upheld.

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

(RAJENDRA KUMAR (VERMA)) JUDGE vai

Signature Not Verified SAN

Digitally signed by VAISHALI AGRAWAL Date: 2023.04.12 14:06:55 IST