Bhudev Bhargav vs Smt. Bitti Devi
2023 Latest Caselaw 12315 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                      BEFORE
                                         HON'BLE SMT. JUSTICE SUNITA YADAV
                                                ON THE 2 nd OF AUGUST, 2023
                                           CRIMINAL REVISION No. 4869 of 2022

                          BETWEEN:-
                          BHUDEV BHARGAV S/O SHRI BABULAL BHARGAV,
                          AGED ABOUT 52 YEARS, OCCUPATION: PRIVATE WORK
                          HANUMAN MANDIR KE PICHE KHEJRA ROAD
                          GULABGANJ (MADHYA PRADESH)

                                                                                           .....PETITIONER
                          (BY MR. VIJAY KUMAR JHA - ADVOCATE)

                          AND
                          SMT. BITTI DEVI W/O DURGVIJAY SINGH RAJPOOT,
                          AGED ABOUT 55 YEARS, KHEJRA ROAD GULABGANJ
                          CANTT GUNA (MADHYA PRADESH)

                                                                                          .....RESPONDENT

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

The present Criminal Revision under Section 397 read with Section 401

o f Cr.P.C. has been filed against the impugned judgment of conviction and order of sentence dated 25.11.2022 passed by Fourth Additional Sessions Judge, Guna, District Guna (M.P.) in Criminal Appeal No.107/2018, partially confirming the judgment of conviction and order of sentence dated 28.3.2018 passed by Judicial Magistrate First Class, Guna, District Guna (M.P.) in Criminal Case No.2188/2014 and convicted the petitioner under Section 138 of Negotiable Instruments Act and sentencing him to undergo S.I. for three

Signature Not Verified months with fine of Rs.3,60,000/-, with default stipulations. Signed by: ALOK KUMAR Signing time: 03-Aug-23 11:51:36 AM

During pendency of this Criminal Revision, the petitioner and the respondent/complainant have filed the applications which are I.A.No.5492/2023 and I.A.No.5491/2023 respectively seeking permission of this Court to dispose of the matter on the basis of compromise. In support of aforesaid applications, affidavits have also been filed on behalf of petitioner as well as respondent/complainant. Counsel for both the petitioner submit that both the parties have entered into compromise according to their own volition and without there being any pressure.

On 19.7.2023, the parties were directed to appear before the Principal Registrar of this Court for verification of factum of compromise. In compliance

of the said order, the Registry has filed its report to the effect that parties have arrived at compromise voluntarily, without any threat, inducement or coercion.

Consequent upon the above said facts and that the petitioner and the complainant have amicably resolved the issue, I.A. Nos. 5492 of 2023 and 5491 of 2023 are allowed.

Consequently, the judgment of conviction and order of sentence dated 25.11.2022 passed by Fourth Additional Sessions Guna, District Guna (M.P.) in Criminal Appeal No.107/2018 as well as the judgment of conviction and order of sentence dated 28.3.2018 passed by Judicial Magistrate First Class, Guna, District Guna (M.P.) in Criminal Case No.2188/2014 are hereby quashed.

Petitioner is acquitted of the charge levelled against him. Their bail bonds stand discharged.

Consequently, Criminal Revision stands disposed of.

(SUNITA YADAV) Signature Not Verified Signed by: ALOK KUMAR Signing time: 03-Aug-23 11:51:36 AM

JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 03-Aug-23 11:51:36 AM