Ashfak Ali vs Ramesh Buva (Dead) Through Smt. ...
2023 Latest Caselaw 1906 MP

                                                                        1
                                       IN     THE      HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                 BEFORE
                                                     HON'BLE SMT. JUSTICE ANJULI PALO
                                                         ON THE 2 nd OF FEBRUARY, 2023
                                                       CRIMINAL REVISION No. 318 of 2022

                                      BETWEEN:-
                                      ASHFAK ALI S/O IRSHAD ALI OCCUPATION: PRIVATE
                                      WORK R/O HN 79, MURAJI NAGAR PUL BOGDA, RAISEN
                                      ROAD, BHOPAL, COMMERCIAL ADDRESS - KAKA
                                      DHABA, KHATEGAON ROAD, GOPALPUR KANNOUD
                                      (MADHYA PRADESH)

                                                                                                     .....APPLICANT
                                      (BY SHRI WAKEEL KHAN - ADVOCATE )

                                      AND
                                      RAMESH BUVA (DEAD) THROUGH SMT. SUNITA BUVA
                                      W/O LATE RAMESH BUVA, AGED ABOUT 42 YEARS,
                                      OCCUPATION: NIL HN-2, C-SECTOR, KOLAR ROAD
                                      BHOPAL (MADHYA PRADESH)

                                                                                                   .....RESPONDENT
                                      (BY SHRI GHANSHYAM SHARMA - ADVOCATE)

                                            This revision coming on for settlement this day, th e court passed the
                                      following:
                                                                         ORDER

This criminal revision has been filed by the applicant against the order dated 04.10.2019 whereby the applicant has been convicted under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to undergo R.I for 6 months with compensation of Rs.1,30,000/- with default stipulation.

The parties have entered into the compromise and settled their matter Signature Not Verified SAN amicably. In this regard, the applicant has filed I.A. No.1601 of 2022, an Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.02.03 10:45:12 IST application under Section 320(6) of the Cr.P.C for compounding the

offence.

Vide order dated 09.02.2022 the parties have been directed to appear before the Registrar (Judicial-II) for verification of compromise arrived between them. In compliance of order dated 09.02.2022 the parties appeared before the Registrar (Judicial-II) for verification of their compromise. The Registrar (Judicial-II) submitted his report 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.

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 with the condition that if the applicant deposits 10% of the cheque amount towards compounding fee before the M.P.State Legal Services Authority within 30 days from the date of receipt of certified copy of this order and produces receipt thereof, 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.

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

(SMT. ANJULI PALO) Signature Not Verified JUDGE anu SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.02.03 10:45:12 IST