Ramchandra Petiwala vs Anil Kumar
2023 Latest Caselaw 2468 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                        BEFORE LOK ADALAT
               HON'BLE SHRI JUSTICE ROHIT ARYA
                                &
             SHRI J.D. SURYAVANSI, SENIOR ADVOCATE
                   ON THE 11 th OF FEBRUARY, 2023
                CRIMINAL REVISION No. 4051 of 2022

BETWEEN:-
RAMCHANDRA PETIWALA S/O SHRI LAXMI PRASAD,
AGE 35 YEARS, OCCUPATION: GOVERNMENT SERVANT
IN RAILWAY DEPARTMENT, R/O R.B. 1/39, F, BARF
KHARKHANA KE SAMEN, CHHOTE LINE TANSEN
ROAD, HAZIRA, GWALIOR

                                                               .....APPLICANT
(BY SHRI ARSHAD ALI - ADVOCATE)

AND
ANIL KUMAR S/O SHRI KISHANLAL, AGE 43 YEARS,
OCCUPATION: SHOPKEEPER, R/O GOSPURA NO 1,
HAZIRA, GWALIOR (MADHYA PRADESH).

                                                            .....RESPONDENT
(RESPONDENT WITH SHRI DHIMENDRA SINGH - ADVOCATE )

      This revision coming on for conciliation this day, the Bench passed the

following:
                                   ORDER

This Criminal Revision is directed under Section 397 and 401 of Cr.P.C. agains t the appellate judgment dated 23.07.2022 passed by the Eighth Additional Sessions Judge, Gwalior in Criminal Appeal No. 19/2021, thereby convicting the applicant for offence under Section 138 of Negotiable Instrument Act (hereinafter shall be referred to as the Act) and sentenced for six months R.I. with direction to pay compensation of Rs.2,99,700/- to the respondent

under Section 357 (3) of Cr.P.C., while partly affirming the order dated 19.01.2021 passed by the Judicial Magistrate First Class Gwalior in Criminal Case No.3652 of 2016.

Undisputedly the offence alleged is compoundable in nature. The alleged offence under Section 138 of the Act is of the year 2015, the impugned judgment and the instant Criminal Revision are of the year 2022. Almost 7 years' period has passed by since the date of alleged offence.

Learned counsel for the applicant submits that the respondent/ complainant has already received an amount of Rs.2,20,000/- and the same is not disputed by the respondent present in the court. Besides, an amount of

Rs.59,940/- has already been deposited with the trial court and the same may be disbursed to the complainant/respondent while adjusting it towards the entire amount of compensation as awarded by the trial court.

Accordingly, present revision stands disposed of with the following consent order :

T he conviction of appellant under Section 138 of Act is maintained. However, the custodial sentence is set aside. Further, the amount of compensation payable to the respondent is reduced to Rs.2,79,940/-, out of which respondent has already received Rs.2,20,000/- and remaining Rs.59,940/- have been deposited with the trial court. The trial court is directed to disburse the said amount of Rs.59,940/- to the respondent.

Rest of the impugned judgment is kept intact The applicant is on bail. His bail bonds stand

discharged.

         (ROHIT ARYA)                (J.D. SURYAVANSI )
            MEMBER                       MEMBER
    SP

SANJEEV
KUMAR PHANSE
2023.02.17
16:54:48 +05'30'