Mahesh Kumar Israni vs Dinesh Sahu
2023 Latest Caselaw 21265 MP

Madhya Pradesh High Court

Mahesh Kumar Israni vs Dinesh Sahu on 13 December, 2023

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
                                             ON THE 13 th OF DECEMBER, 2023
                                           CRIMINAL REVISION No. 3427 of 2023

                           BETWEEN:-
                           MAHESH KUMAR ISRANI S/O SHRI RAGHUVIR PRASAD
                           OCCUPATION: BBUSINESS R/O BLCOK NO 9, 393 WARD
                           NO 32 SARASWATI NAGAR BHOPAL (MADHYA
                           PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI KANHAIYA LAL GUPTA - ADVOCATE)

                           AND
                           DINESH SAHU S/O LT. SHRI BHAGWANDAS SAHU R/O H
                           NO 174 PRESS COLONY ANAND NAGAR BHOPAL
                           (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI HEMANT KUMAR NAMDEO - ADVOCATE)

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

This revision has been filed by the applicant under Section 397 read w i t h Section 401 of Cr.P.C. for setting aside the judgment dated 12.07.2023 passed by learned Third Additional Sessions Judge, Bhopal in Application No.28664/2023 w hereby the applicant has been convicted under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to undergo S.I for 3 months with compensation of Rs.63,500/- with default stipulation.

The parties have entered into the compromise and settled their matter amicably. In this regard, the parties have filed I.A. 18737/2023, an

application under Section 320 of Cr.P.C. for compounding the offence.

In compliance of the order dated 07.11.2023 passed by this Court, the parties appeared before the Registrar (Judicial-II) for verification of compromise. The Registrar (Judicial-II) submitted his report dated 07.12.2023 stating that the parties have compromised the matter voluntarily without any threat, inducement, pressure or coercion. They have settled their dispute amicably. However, Registrar (Judicial-II) pointed out that in view of decision in Damodardas S.Prabhu Vs. Sayed Babalal H, (2010) 5 SCC 663, the applicant is required to deposit compounding fee at the rate of 15% of the cheque amount with the State Legal Services Authority.

Learned counsel for the applicant submits that applicant has already deposited compounding fees of Rs.7,500/- before the High Court Legal Aid Committee on 08.12.2023. In this regard he has filed receipt of the aforesaid amount alongwith I.A. No.28987/2023.

Taking into account the entire fact situation as also considering the report of Registrar (Judicial-II) and in view of decision in the case of Damodar S.Prabhu (supra), the revision is allowed. The judgment of conviction and order of sentence of applicant shall be treated to have been set aside and the applicant shall be acquitted from the charges levelled against him. Thereafter, applicant be released immediately, if not required in any other case.

In the result, the revision is disposed of subject to above condition.

(PRAMOD KUMAR AGRAWAL) JUDGE Sateesh