Kalusingh vs Sachin Jain
2023 Latest Caselaw 2092 MP

                                                                    1
                                  IN    THE       HIGH       COURT OF MADHYA                      PRADESH
                                                               AT INDORE
                                                            BEFORE
                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                     ON THE 6 th OF FEBRUARY, 2023
                                                   CRIMINAL REVISION No. 394 of 2015

                                  BETWEEN:-
                                  KALUSINGH S/O SARDARSINGH RAJPUT, AGED ABOUT
                                  48 YEARS, OCCUPATION: AGRICULTURIST VILLAGE -
                                  JAHANGIRPURA, P.S. BADOD, DISTRICT AGAR
                                  (MADHYA PRADESH)

                                                                                                 .....APPLICANT
                                  (BY SHRI NILESH DAVE-ADVOCATE).

                                  AND
                                  SACHIN JAIN S/O KOMALCHAND JAIN, AGED ABOUT 30
                                  YEARS, OCCUPATION: PROPRIETOR. JAIN TRACTOR
                                  SUSNER DISTRICT AGAR (MADHYA PRADESH)

                                                                                           ....NON-APPLICANT


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

This Criminal Revision under section 397 and 401 of Cr.P.C. is preferred

against the judgment dated 22.07.2014 passed by ASJ, Susner, District Agar in Criminal Appeal No. 262/2013 whereby the applicant has been found guilty under section 138 of Negotiable Instruments Act and sentenced to undergo 1 year RI and compensation of Rs.4,50,000/- and in default of payment of compensation, further 6 months RI. Learned ASJ has maintained the conviction and confirmed the conviction passed by JMFC, Susner, district Agar in criminal case No 309/2010 on 24.4.2013.

Non-applicant has filed I.A.No. 6586/2015 regarding the compromise Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 06-Feb-23 6:21:05 PM

between the parties.

It is stated that matter has been amicably settled between the parties and non- applicant/complainant is not interested to prosecute the present revision.

The aforesaid application is signed by the respondent and identified by the Advocate. Along with the said application, proceedings of trial court have also been filed.

Considering the aforesaid submission and the I.A. that the matter has been settled and entire amount involved in the present case has been paid by the applicant to non-applicant, the present revision is allowed. The conviction and sentence of the applicant is set aside in view of compounding between the

parties and the applicant is acquitted from the charge under section 138 of the N.I. Act.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 06-Feb-23 6:21:05 PM