Dudhar Singh vs Rishi Kumar Tiwari
2023 Latest Caselaw 1914 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. 2808 of 2022

                                   BETWEEN:-
                                   DUDHAR SINGH S/O SHRI GORE LAL, AGED ABOUT 60
                                   YEARS, R/O GRAM/ POST NIPANYA RUHELA TAHSIL
                                   PACHOUR DISTRICT RAJGARH) (MADHYA PRADESH)

                                                                                                   .....APPLICANT
                                   (NONE FOR THE APPLICANT)

                                   AND
                                   RISHI KUMAR TIWARI S/O SHRI BHANWAR LAL
                                   TIWARI, AGED ABOUT 39 YEARS, R/O GRAM RODIYA
                                   TEHSIL BAIRASIYA DISTRICT BHOPAL (MADHYA
                                   PRADESH)

                                                                                                 .....RESPONDENT
                                   (BY SHRI B.S. KUSHWAHA - ADVOCATE)

                                         This revision coming for orders this day, the court passed the following:
                                                                       ORDER

This revision has been filed by the applicant under Section 397 read with

Section 401 of Cr.P.C. The applicant has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for 06 months with compensation amount of Rs.7,23,500/- u/S 357(3) of Cr.P.C.

I.A. No.14717/2022, an application under Section 320 (2) of Cr.P.C. has been filed by both the parties for grant permission to compound the offence. Application is also supported by affidavits of complainant and applicant. Signature Not Verified SAN Vide order dated 12.09.2022 the parties have been directed to appear before the Registrar (Judicial-II) for verification of compromise arrived between Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.02.03 11:38:07 IST

them. In compliance of order dated 12.09.2022 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 Rs.50,000/- (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) JUDGE rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.02.03 11:38:07 IST