Ravi Kumar vs Smt. Punam
2023 Latest Caselaw 6193 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                ON THE 19 th OF APRIL, 2023
                                          CRIMINAL REVISION No. 4651 of 2022

                          BETWEEN:-
                          RAVI KUMAR S/O LATE SHRI INDRA KUMAR SAHNI,
                          AGED ABOUT 59 YEARS, OCCUPATION: BUSINESSMAN
                          R/O H.NO. 162 SHAKTI NAGAR GUPTESHWAR BEHIND
                          COAL MINES OFFICE DISTRICT JABALPUR (M.P.)
                          (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (BY SHRI ASHUTOSH UPADHYAY - ADVOCATE )

                          AND
                          SMT. PUNAM W/O SHRI ASHOK GROVER OCCUPATION:
                          PROP. GROVER FILLING STATION R/O H.NO 105 R.C.
                          COMPLEX BALDEVBAAG DISTRICT JABALPUR (M.P.)
                          THROUGH HER POWER OF ATTORNEY HOLDER ASHOK
                          S/O SHRI DENANATH GROVER (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI MANGESH TAMHANKAR - ADVOCATE )

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

                          following:
                                                            ORDER

This revision has been filed against the appeal judgment dated 17.7.2018 passed by XXI Additional Sessions Judge, Jabalpur in Cr.A. No.187/2017 (Ravi Kumar Vs. Smt. Punam) under Section 138 of Negotiable Instruments Act (in short 'the Act'), whereby judgment of conviction and order of sentence dated 19.4.2017 passed in Criminal Case No.8981/2013 (Smt. Punam Vs. Ravi Kumar) by Shri Anil Kumar Sahu, JMFC, Jabalpur has been affirmed and the appeal preferred by the applicant/accused has been dismissed. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/19/2023 1:19:24 PM

2. In brief the facts of the case as emerged from the record are that respondent/complainant instituted a complaint under Section 138 of the Act in the Court of learned JMFC, Jabalpur alleging therein that complainant / respondent Smt. Punam is owner of petrol pump at Benikheda Patan Road, Jabalpur and applicant used to fill petrol and diesel in his vehicle and had purchased petrol and diesel amounting to Rs.2,00,000/- from respondent and in lieu of that applicant/accused had issued two cheque dated 28.3.2013 amounting to Rs.1,00,000/- - Rs.1,00,000/-. When these were presented in the bank, it stood dishonored. Applicant/accused failed to make the payment despite service of notice within time. Respondent/ complainant filed complaint

before the Court of JMFC for commission of offence under Section 138 of the Act.

3. Learned trial Court on the basis of material produced on record by the parties vide judgment dated 19.4.2017 held the applicant/accused guilty for commission of offence under Section 138 of the Act and sentenced him to 01 year RI and also directed to pay compensation of Rs.2,72,000/-.

4 . Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the learned JMFC, applicant/accused preferred an appeal before the Court of Session. Learned ASJ Jabalpur dismissed the same by the impugned judgment dated 17.07.2018 and affirmed the judgment of conviction and sentence as recorded by the learned JMFC.

5. Before this Court, parties filed a compromise application under Section 320(4) of Cr.P.C. praying therein to compound the offence and as such this Court while exercising power under Section 147 of the Act, may compound the offence and acquit the accused. Counsel for the parties appeared before

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/19/2023 1:19:24 PM

this Court and respondent complainant has admitted that she has received the entire amount from the applicant/accused and they have amicably settled the matter. Counsel for the applicant and husband of respondent Shri Ashok Grover along with his counsel were directed to remain present before the Registrar (J-II) of this Court for verification of compromise. Registrar (J-II) after recording statement of complainant's husband - Ashok Grover has submitted its verification report and as per the report, parties have entered into compromise on their own free will and volition. Therefore, compromise appears to be genuine. Even before this Court, it has been admitted by complainant's husband that she has entered into compromise with the applicant and has received entire amount and entered compromise without any external pressure. Therefore, she has no objection in compounding of the offence.

6. Under Section 147 of the Negotiable Instruments Act, every offence punishable under that Act has been made compoundable.

7. Therefore, having taken into consideration the fact that entire amount of compensation stands paid or agreed to be paid to the respondent/complainant and parties have amicably settled their dispute, this Court see no obstruction in allowing the prayer made on behalf of the applicant for compounding of offence while exercising power under Section 147 of the Act.

8. It is also noteworthy that in terms of guidelines issued by Hon'ble Supreme Court in Damodardas S. Prabhu Vs. Sayed Babalal H, reported in (2010) 5 SCC 663, applicant/accused has deposited Rs.30,000/- i.e. 15% of the cheque amount before State Legal Services Authority on 16.2.2023 and receipt of the same has been filed in the Court. In that case, it has been categorically held that Court while exercising power under Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/19/2023 1:19:24 PM

Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the Courts below.

9 . Consequently, in view of the above, compromise application under Section 147 of Negotiable Instruments Act, is allowed and impugned judgment of conviction and order of sentence dated 17.7.2018 passed in Criminal Appeal No.187/2017 (Ravi Kumar vs. Smt. Punam) affirming the impugned judgment of conviction and order of sentence dated 19.4.2017 passed by Shri Anil Kumar Sahu, JMFC in Criminal Case No. 8981/2013 (Smt. Punam Vs. Ravi Kumar) is quashed and judgment of conviction and sentence passed by the Courts below are set aside.

10. Applicant/accused Ravi Kumar is acquitted of the offence under Sec tio n 138 of the Act. Applicant is in jail. Therefore, Superintendent Central/District Jail Jabalpur is directed to release applicant Ravi Kumar in this case forthwith, if he is not required in any other case.

11. Trial Court record along with copy of this order be sent down to Court concerned through Sessions Judge, Jabalpur, for necessary compliance.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/19/2023 1:19:24 PM