Brajesh Rathore vs Jila Nagarik Sahkari Maryadit ...
2023 Latest Caselaw 6799 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 26 th OF APRIL, 2023
                                          CRIMINAL REVISION No. 2784 of 2022

                          BETWEEN:-
                          BRAJESH RATHORE S/O SHRI HARIRAM RATHORE,
                          AGED ABOUT 47 YEARS, AZAAD MARG SAEESPURA
                          SHIVPURI (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (SHRI SURESH AGRAWAL, ADVOCATE)

                          AND
                          JILA NAGARIK SAHKARI MARYADIT BRANCH
                          SHIVPURI THROUGH LOAN MANAGER/ RECOVERY
                          OFFICER SHIVPURI (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (SHRI NIRENDRA SINGH TOMAR, ADVOCATE)

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

This criminal revision under Section 397 read with 401 of CrPC against

the order dated 26.04.2022 passed by learned IVth Additional Sessions Judge, Shivpuri District Shivpuri in Case No. 211/2017 Cr.A. whereby the judgment passed by Judicial Magistrate First Class, Shivpuri District Shivpuri in case No.279/2014 dated 01.05.2017 has been affirmed.

Vide judgment dated 01.05.2017 the petitioner was held guilty of an offence under Section 138 of NI Act and he was sentenced to rigorous imprisonment for six months and had been directed to pay an amount of

Signature Not Verified Rs.82,000/- as compensation to the respondent. The said judgment of Signed by: YOGENDRA OJHA Signing time: 4/26/2023 6:06:22 PM

conviction was challenged in an appeal by the petitioner which was also dismissed by learned IVth Additional Sessions Judge vide judgment dated 26.04.2022 affirming the judgment passed by learned Judicial Magistrate First Class Shivpuri District Shivpuri. Against the said judgment, the instant criminal revision has been filed.

It is submitted by learned counsel for the petitioner that entire compensation amount has been deposited by him in the Court. Learned counsel for the petitioner has relied upon a judgment rendered in M/s Meters and Instruments Primate Limited and another Vs. Kanchan Mehta 2017 (4) R.C.R. (Criminal) 476 where in Para 18 (iii), it has been held that though

compounding requires consent of both parties, even in the absence of such consent, the Court, in the interest of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused.

Learned counsel for respondent fairly conceded the arguments advanced by learned counsel for the petitioner.

Heard learned counsel for the rival parties and perused the record. What can be culled out from a reading of the judgment rendered in M/s. Meters and Instruments Private Limited (supra) is that the court can compound and close the proceedings if it is satisfied that the complainant has been duly compensated. In the opinion of this Court respondent/complainant has been duly compensated by depositing the entire compensation amount in the Court.

Consequently, the sentence of six months rigorous imprisonment awarded on the petitioner for commission of offence punishable under Section Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/26/2023 6:06:22 PM

138 of NI Act by judgment dated 01.05.2017 is reduced to the period already undergone by the petitioner in the jail. The petitioner is on bail, his bail bonds and surety bonds stand discharged. The respondent is permitted to withdraw the entire compensation amount deposited by the petitioner in the Court.

Criminal Revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/26/2023 6:06:22 PM