Rambabu vs Shankarlal
2023 Latest Caselaw 6709 MP

                                                                    1
                                    IN    THE       HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                            BEFORE
                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                        ON THE 25 th OF APRIL, 2023
                                                   CRIMINAL REVISION No. 4166 of 2022

                                   BETWEEN:-
                                   RAMBABU S/O DEVBAKSHA, AGED ABOUT 33 YEARS,
                                   OCCUPATION: FARMER KHEJADIYA AVANTIPUR
                                   BADODIYA TEHSIL AVANTIPUR BADODIYA DISTRICT
                                   SHAJAPUR (MADHYA PRADESH)

                                                                                                 ....APPLICANT
                                   (BY SHRI KRISHNAPAL SINGH KHICHI,ADVOCATE)

                                   AND
                                   1.    SHANKARLAL S/O KISHANLAL AGE 38 YEARS,
                                         CASTE   PARMAR,   AGRICULTURIEST   R/O
                                         SHRINAGAR COLONY NEAR BUS STAND
                                         SHUJALPUR  MANDI    DISTRICT  SHAJAPUR
                                         (MADHYA PRADESH)

                                   2.    STATE OF M.P. THROUGH DIST. MAGISTRATE
                                         DIST. SHAHJAPUR (MADHYA PRADESH)

                                                                                             .....RESPONDENTS
                                   (SHRI KANHAIYA YADAV, COUNSEL FOR THE RESPONDENT [R-1]
                                   ALONG WITH COMPLAINANT-SHANKARLAL
                                   (SHRI TARUN PAGARE,G.A. FOR RESPONDENT NO.2)

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

The present revision is filed against the judgment dated 5.4.2022 passed by III ASJ, Shujalpur in Cr.Appeal No.49/2021 arising out of judgment dated 27.11.2021 passed by JMFC, Shujalpur in cr.case No. SCNIA/746/2017 whereby the applicant has been convicted under section 138 of Negotiable Instruments Act and sentenced to undergo 6 months RI and to pay fine of Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 26-Apr-23 12:14:13 PM

Rs.3,54,500/- and Rs.7,000/- under section 359 Cr.P.C. with default stipulation.

Parties submit that the matter has been settled amicably between them. Complainant present in person is identified by the Counsel. He submits that he has received the amount and he does not want to prosecute the present applicant further.

In view of aforesaid statement made by the complainant and the fact that matter has been amicably settled between the parties, the revision is allowed.

The order of conviction is set aside and applicant is acquitted of the offence under section 138 of N.I. Act.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 26-Apr-23 12:14:13 PM