Tanuj Inani vs Smt. Rashmi Shrivastava
2023 Latest Caselaw 6380 MP

                                                                 1
                                 IN     THE      HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         BEFORE
                                      HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                      ON THE 20 th OF APRIL, 2023
                                                CRIMINAL REVISION No. 6078 of 2019

                                BETWEEN:-
                                TANUJ INANI S/O SHRI J.C. INANI OCCUPATION:
                                PRIVATE  JOB   SOUTH    EXTENSION   COLONY
                                GEHUNKHEDA KOLAR ROAD DIST. BHOPAL (MADHYA
                                PRADESH)

                                                                                             .....PETITIONER
                                (BY SHRI GHANSHYAM SHARMA - ADVOCATE)

                                AND
                                SMT. RASHMI SHRIVASTAVA W/O LATE SHRI ATUL
                                SHRIVASTAVA, AGED ABOUT 50 YEARS, FLAT N. BR 2
                                ARCHID SQUARE PALACE ARCHID SARVDHERM
                                COLONY KOLAR ROAD BHOPAL (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                                (BY SHRI A.K. SHRIVASTAVA - ADVOCATE)

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

Heard on I.A. No. 3147 of 2023 which is an application for compromise. Instant Criminal Revision under Section 397/401 of Cr.P.C. has been filed by the applicant being aggrieved by the Judgment dated 09.11.2019 passed

by learned 22nd Additional Sessions Judge, Bhopal, District Bhopal in CRA No.337/2019, affirming the judgment dated 10.05.2019 passed by learned

Signature Not Verified SAN Judicial Magistrate First Class, Balaghat in Criminal Case No. 9470/2017,

Digitally signed by DEVESH K whereby the learned court below has convicted the applicant for the offence SHRIVASTAVA Date: 2023.04.20 17:58:54 IST

punishable under Section 138 of the Negotiable Instruments Act and sentenced

to undergo R.I. for 1 month and a fine of Rs. 6,12,500/- as compensation and under Section 359 of Cr.P.C. and imposed fine of Rs.25,000/- with default stipulation.

Learned counsel for the applicant submitted that both the parties have entered into out of court settlement, respondent has already been received the entire awarded amount of Rs.6,12,500/-.

Learned counsel for the respondent/complainant submitted that, the parties have entered into settlement. Respondent has already received whole amount from the applicant, therefore, he filed the I.A. No.3147/2023 for compromising the matter.

Since, the parties of the case have entered into settlement and respondent has already received the amount of Rs.6,12,500/-. Accordingly, the IA 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 off. 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, the appellant has already deposited 15% of the cheque amount.

Judgment dated 09.11.2019 passed by learned 22nd Additional Sessions Signature Not Verified SAN Judge, Bhopal, District Bhopal in CRA No.337/2019 is hereby set aside. Digitally signed by DEVESH K SHRIVASTAVA Date: 2023.04.20 17:58:54 IST Applicant is acquitted from the charges of Section 138 of N.I. Act.

The petitioner shall be released from custody, if not required in any other case.

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 DevS

Signature Not Verified SAN

Digitally signed by DEVESH K SHRIVASTAVA Date: 2023.04.20 17:58:54 IST