Lalchand Tarachand vs Aswani Traders
2023 Latest Caselaw 22114 MP

Madhya Pradesh High Court

Lalchand Tarachand vs Aswani Traders on 21 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                              HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                                            ON THE 21 st OF DECEMBER, 2023
                                          CRIMINAL REVISION No. 3289 of 2022

                          BETWEEN:-
                          LALCHAND TARACHAND THROUGH ITS PROPRIETOR
                          SHRI LALCHAND MANWANI S/O LATE SHRI
                          TARACHAND MANWANI AGED ABOUT 63 YEARS
                          OCCUPTION PRIVATE BUSINESS (PROPRIETOR) R/O
                          PLOT NO. 78 VANTRY HILLS ROAD BAIRAGARH
                          DISTRICT BHOPAL (M.P.) BUSINESS ADDRESS
                          RAILWAY STATION ROAD SANT HIRDIRAM NAGAR
                          BAIRAGARH DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                      .....APPLICANT
                          (BY SHRI SATYAM AGRAWAL - ADVOCATE )

                          AND
                          ASWANI TRADERS THROUGH ITS PROPRIETOR SHRI
                          RAVI ASWANI S/O LATE SHRI SHANKARLAL ASWANI
                          AGED ABOUT 37 YEARS OCCUPTION PRIVATE
                          BUSINESS (PROPRIETOR) R/O LAKEPEARL GARDEN,
                          W.P. 47 AIRPORT ROAD DISTRICT BHOPAL MADHYA
                          PR AD ES H BUSINESS ADDRESS SHANKAR BHWAN
                          MAIN     ROAD   BAIRAGARH   DISTRICT  BHOPAL
                          ((MADHYA PRADESH)

                                                                                    .....RESPONDENT
                          (BY SHRI DEEPAK TIWARI - ADVOCATE)

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

With the consent of parties heard finally.

This criminal revision has been preferred under Section 397 read with Section 401 of Cr.P.C. against the judgement and order dated 10/08/2022 passed by 25th Additional Sessions Judge, Bhopal in Cr.A. No. 675/2019,

whereby the appeal preferred by appellant under Section 374 of Cr.P.C. got dismissed by affirming the judgment of triala Court but quantam of sentenced is reduced from one year to till rising of the court.

2. Heard on I.A. No. 18903/2023, which is an application for compounding the offence under Section 320 of Cr.P.C. read with Section 147 of Negotiable Instruments Act.

3. Learned counsel for both the parties have submitted that they have settled the dispute amicably and entered into the compromise and they have moved IA No. 18903/2023 in this regard, which is duly supported by the affidavits of applicant as well as by respondent.

4. Looking to the aforesaid facts and circumstances of the case, IA No. 18903/2023 stands allowed and parties are permitted to compound the offence punishable under Section 138 of Negotiable Instruments Act. In consequence thereof, present petition stands allowed by setting aside the impugned judgments of the court below convicting the applicant is hereby set aside and the applicant is acquitted from the offence under Section 138 of N.I. Act.

5. With the aforesaid, the revision petition stand disposed of.

6. Let a copy of this order alongwith records be sent back to the courts concerned for information and necessary compliance.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE skt