Dinesh Temak vs Dinesh Gupta
2023 Latest Caselaw 20482 MP

Madhya Pradesh High Court

Dinesh Temak vs Dinesh Gupta on 5 December, 2023

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                                               1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                              ON THE 5 th OF DECEMBER, 2023
                                         MISC. CRIMINAL CASE No. 50165 of 2023

                           BETWEEN:-
                           DINESH TEMAK S/O SHRI SHIVSINGH TAMAK, AGED
                           ABOUT 55 YEARS, R/O A 18 DWARIKAPURI POLICE
                           STATION PADAV DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                        .....PETITIONER
                           (BY SHRI UPENDRA KUMAR SHRIVAS - ADVOCATE)

                           AND
                           DINESH GUPTA S/O SHRI BABULAL GUPTA, AGED
                           ABOUT 50 YEARS, OCCUPATION: BUSINESS, R/O
                           MADHOGANJ    LASHKAR    GWALIOR   (MADHYA
                           PRADESH)

                                                                                      .....RESPONDENT
                           (BY SHRI S.K. GUPTA - ADVOCATE)

                                 This application coming on for Admission this day, the court passed the
                           following:
                                                               ORDER

With consent heard finally.

1. The present petition under Section 482 of Cr.P.C. for compounding the offence under Section 138 of N.I. Act has been filed by the petitioner seeking quashment of order dated 09.10.2023 passed by IIIrd Additional Sessions Judge, Gwalior in Cr.A.No.162/2019 and Order dated 08.05.2019 passed by JMFC Gwalior in SC NIA No.3008/2007 whereby petitioner has been convicted for offence under Section 138 of N.I. Act with nine months RI and direction to pay compensation amount of Rs.2,20,000/- to the complainant.

2 . It appears that parties agreed to settle the matter and therefore, applications vide I.A.No.20487 of 2023 and 20488 of 2023 have been preferred at the instance of parties and they want to settle the matter. Application is duly signed by respective parties and same is supported by their affidavits.

3 . T he Principal Registrar of this Court has duly verified the parties, contents of application, intent and signatures of parties. Report is attached, same is perused and it appears that compromise has been reached between the parties voluntarily without any threat, inducement and coercion.

4. Learned counsel for the complainant argued in support of petitioner's

prayer for compromise. He referred affidavit filed by the complainant and is ready to settle the matter once and for all.

5 . Heard learned counsel for the parties at length and perused the documents appended thereto.

6. A Lean Compromise is better than a Fat Law Suit, instant efforts of the parties indicate the same. It is expected that their bonafide gestures would continue.

7. The Hon'ble Supreme Court in catena of judgments Jagdish Channa & others Vs. State of Haryana & another, AIR 2008 SC 1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, Shiji Vs. Radhika & Another, (2011) 10 SCC 705, Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, (2017) 9 SCC 641 , laid

down that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilized in other material cases.

8 . After hearing learned counsel for the parties and taking into account the law laid down by the Apex Court, in the opinion of this Court, continuance of trial in such matter will be a futile exercise which will serve no purpose. Under such a situation, Section 482 Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the courts below.

9. To preserve the resources and bonhomie created between the parties arises out of settlement, in the interest of justice, application for compounding the offence vide I.A.No.20487 of 2023 and 20488 of 2023 are allowed because no fruitful purpose would be served in continuation of trial. Thus, parties are permitted to compound the offences.

10. Resultantly, the petition is allowed. Order dated 09.10.2023 passed by IIIrd learned Additional Sessions Judge, Gwalior in Cr.A.No.162/2019 and Order dated 08.05.2019 passed by JMFC Gwalior in SC NIA No.3008/2007 whereby petitioner has been convicted for offence under Section 138 of N.I. Act with nine months RI and direction to pay compensation amount of Rs.2,20,000/- to the complainant as well as entire proceedings in furtherance thereto, if any, are hereby quashed as per the compromise arrived between the

parties.

11. Petition stands allowed and disposed of in above terms.

12. Copy of this order be sent to the trial Court concerned for compliance.

13. Certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE (LJ*)