Rajesh Lalwani vs Vijay Sen
2023 Latest Caselaw 12911 MP

                                                         1
                                IN    THE        HIGH COURT OF MADHYA
                                                     PRADESH
                                                   AT JABALPUR
                                                  BEFORE
                                   HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                              ON THE 9 th OF AUGUST, 2023
                                           CRIMINAL REVISION No. 3065 of 2023

                          BETWEEN:-
                          RAJESH LALWANI S/O DEVI LAL, AGED ABOUT 69
                          YEARS, OCCUPATION: BUSIENSS R/O 4/4 BUILDER
                          HILLS CHUNA BHATTI BHOPAL DISTRICT BHOPAL
                          (MADHYA PRADESH)

                                                                                   .....PETITIONER
                          (BY SHRI JITESH SHRIVASTAVA - ADVOCATE)

                          AND
                          VIJAY SEN S/O AMAR SEN, AGED ABOUT 36 YEARS,
                          185 SHAHPURA GOAN BHOPAL DISTRICT BHOPAL
                          (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                          (BY SHRI ABHAY SOHGAURA - ADVOCATE)

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

In this criminal revision filed under section 397/401 of Cr.P.C, the order of conviction and sentence passed on 06.03.2018 in Criminal Appeal

No.9600606/2017 by the 20th Additional Sessions Judge Bhopal (M.P.), has been assailed. By this judgment, the learned Appellate Court had confirmed the order of conviction and sentence passed on 29.11.2017 by the Judicial Magistrate First Class, Bhopal, district Bhopal, in RCT

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 8/11/2023 5:37:29 PM

No.8153/2014.

2. The appellant has been convicted under Section 138 of N.I. Act and sentenced to undergo RI for 1 year and ordered to pay compensation of Rs.6,35,000/- under Section 357(3) of Cr.P.C and imposed cost of Rs.10,000/- u/s 359 of Cr.P.C.

3 . On 25.07.2023 the parties filed I.A. No.18031/2023 seeking permission to compound the offence and dispose of the matter on the basis of compromise.

4. This Court on 31.07.2023 had directed that the parties shall appear before the Registrar (J-II) for verification of compromise on the same day. The verification report was received from that end on

31.07.2023 itself, in which it has been certified that the parties have arrived at a compromise without any threat, inducement or coercion and the compromise is voluntarily.

5. It is also noteworthy that in terms of guidelines issued by Hon'ble Supreme Court in Damodardas S. Prabhu Vs. Sayed Babalal H, reported in (2010) 5 SCC 663, applicant/accused has deposited Rs.75,000/- i.e. 15% of the cheque amount before M.P. State Legal Services Authority on 04.08.2023 and receipt of the same has been filed in the Court. Therefore, this Court finds no reason to reject the prayer made on behalf of the applicant for compounding of offence while exercising power under Section 147 of the Act.

6. Consequently, compromise application under Section 147 of Negotiable Instruments Act, is allowed and the impugned judgment passed

by the by the 20th Additional Sessions Judge Bhopal (M.P.), regarding

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 8/11/2023 5:37:29 PM

conviction and sentence of appellant is set aside. The applicant is accordingly acquitted of the charge of Section 138 of Negotiable Instruments Act, as proved against him.

7. Accordingly, the criminal revision stands disposed off.

(ANURADHA SHUKLA) JUDGE DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 8/11/2023 5:37:29 PM