Shripati Bhatt vs Naveen Agrawal
2023 Latest Caselaw 13134 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                     ON THE 11 th OF AUGUST, 2023
                CRIMINAL REVISION No. 1850 of 2023

BETWEEN:-
SHRIPATI BHATT, S/O LATE VITHAL BHATT, AGED
ABOUT 65 YEARS, OCCUPATION: PROPRIETOR S AND S
B ASSOCIATE ENGINEERS R/O H 662 RIKI INDUSTRIAL
AREA SITAPUR JAIPUR RAJASTHAN (RAJASTHAN)

                                                                .....APPLICANT
(BY SANKALP KOCHAR - ADVOCATE)

AND
NAVEEN AGRAWAL S/O LATE SHRI KARNAL
NARENDRA AGRAWAL, AGED ABOUT 55 YEARS,
GANGASAGAR TUBE WELL/VASUNDHARA AGRAWAL
PROPRIETOR: KRITI AGRO FOODS, R/O PATEL WARD,
KANDELI, NARSINGHPUR P.S. TEHSIL AND DISTRICT
NARSINGHPUR (MADHYA PRADESH)

                                                             .....RESPONDENT
(BY SHRI J. P. DHIMOLE - ADVOCATE)

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

following:
                                   ORDER

In this criminal revision filed under section 397/401 of Cr.P.C, the order of rejection of appeal passed on 10.11.2022 in Criminal Appeal No.112/2022 by the Fourth Additional Sessions Judge & Special Judge (Electricity) Narsinghpur (M.P.), has been assailed. In that appeal, the judgment of conviction and sentence passed on 7.5.2022 by the Judicial Magistrate First Class, Narsinghpur, district Narsinghpur, in SCNIA No.120/2021 was assailed.

2. The applicant has been convicted under Section 138 of N.I. Act and

sentenced to undergo RI for 2 years and a fine of Rs.14,80,382/-.

3. On 11.05.2023 the parties filed I.A. No.10773/2023 seeking permission to compound the offence and dispose of the matter on the basis of compromise.

4 . This Court on 12.07.2023 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 13.07.2023 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.2,22,060/- i.e. 15% of the cheque amount before M.P. State Legal Services Authority on 10.08.2023 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, the impugned judgment passed by the Judicial Magistrate First Class, Narsinghpur, district Narsinghpur, regarding 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) Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.08.11 19:05:41 +05'30' Adobe Reader version: 11.0.8

JUDGE ps