Kadam Singh Jatav vs Jitendra Goyal
2023 Latest Caselaw 6611 MP

                                                               1
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 24 th OF APRIL, 2023
                                             CRIMINAL REVISION No. 1477 of 2023

                            BETWEEN:-
                            KADAM SINGH JATAV S/O SHRI LAJJARAM, AGED
                            ABOUT 47 YEARS, GRAM RASEELPUR POST JIGNI
                            TEHSIL AND DISTRICT MORENA (MADHYA PRADESH)

                                                                                            .....PETITIONER
                            (BY SHRI UMMED SINGH TOMAR - ADVOCATE)

                            AND
                            JITENDRA GOYAL S/O GOPALDAS GOYAL, AGED ABOUT
                            50 YEARS, MUNSHI BABU KA BADA, GOPINATH KI
                            PULIYA TEHSIL AND DISTRICT MORENA (MADHYA
                            PRADESH)

                                                                                           .....RESPONDENT
                            (BY SHRI VINOD KUMAR UPADHYAY - RESPONDENT)

                                  Th is revision coming on for hearing this day, th e court passed the
                            following:
                                                                ORDER

This criminal revision has been filed by the petitioner against the judgment dated 28.02.2023 passed by the Ist ASJ, Morena, in Criminal Appeal No.121/2022 affirming the judgment dated 19.07.2022 passed by the JMFC, Morena, in Criminal Case No.1501684/2014 convicting the petitioner under Section 138 of the Negotiable Instruments Act imposing six month's rigorous imprisonment along with fine of Rs.2,90,872/- with default stipulations.

I.A.No.7393/23 has been jointly filed on behalf of the petitioner as well as respondent/complainant under Section 147 of the Negotiable Instruments Act Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/25/2023 10:04:32 AM

mentioning therein that for maintaining good relations and peace, parties mentioning therein that petitioner has paid the disputed amount to the respondent, and therefore, on the basis of compromise, criminal proceedings may be quashed.

Considering the settlement arrived at between the parties and the provisions of Section 147 of Negotiable Instrument Act, I.A. 7393/23 is allowed.

Accordingly, this criminal revision is allowed and petitioner is acquitted from the charge under Section 138 of the Negotiable Instruments Act. The amount deposited by the applicant shall be paid to the respondent/complainant. If petitioner is in jail, he be released forthwith, if not required to be in custody in

any other case.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/25/2023 10:04:32 AM