Avdesh vs Narayan
2023 Latest Caselaw 2471 MP

                                                          1
                                 IN    THE         HIGH COURT OF MADHYA
                                                       PRADESH
                                                      AT INDORE
                                            BEFORE LOK ADALAT
                               HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                                     &
                                          MADHUSUDAN DWIVEDI
                                           ON THE 11 th OF FEBRUARY, 2023
                                        CRIMINAL REVISION No. 3798 of 2022

                           BETWEEN:-
                           AVDESH S/O GOVIND CHANDKE, AGED ABOUT 42
                           YEAR S , OCCUPATION: AGRICULTURE VILLAGE
                           SHRIKHANDI, TEH. SEGAV, DISTT. KHARGONE
                           (MADHYA PRADESH)

                                                                                    .....APPLICANT
                           (SHRI VIVEK KHARVE, ADVOCATE FOR APPLICANT.)

                           AND
                           NARAYAN S/O KADWA PATIDAR, AGED ABOUT 40
                           Y E A R S , OCCUPATION: AGRICULTURE AND
                           SERVICE VILLAGE GAVSAN, PS OON, DISTT.
                           KHARGONE (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                           (RESPONDENT PRESENT IN PERSON.)

                                 T h is revision coming on for conciliation this day, t h e Bench
                           passed the following:
                                                           ORDER

The present revision petition has been filed by the applicant being aggrieved by judgement dated 21.06.2022 passed by the 1st Additional Ses s ions Judge, Khargone Distt. Mandleshwar in Criminal Appeal No.32/2021 affirming the order dated 30.06.2021 passed by the Judicial

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 17-02-2023 18:05:22

Magistrate First Class, District Khargone in SCNIA No. 125/2018 whereby the applicant has been convicted under Section 138 of the Negotiable Instruments Act and sentenced him to undergo RI for 6 months and to deposit Rs.6,22,300/- as compensation.

Both the parties have entered into compromise. The compromise application-I.A. No.2404/2023 was filed today and which was sent for verification before the Principal Registrar of this Court who vide order dated 11.02.2023 has expressed his satisfaction in both the parties who have arrived at compromise voluntarily without any threat, inducement and coercion. Consequently, in the Lok Adalat held today, compromise application was considered finally.

After duly considering the compromise application and the factum of its verification by Principal Registrar of this Court, we are inclined to allow this application subject to payment of compounding fee of 1% out of cheque amount of Rs.4,90,000/- before the M.P. High Court Legal Services Committee, Indore Bench, Indore.

In view of the aforesaid compromise, the judgment of conviction and sentence imposed upon the applicant by both Courts below is set- aside and the applicant is acquitted from the aforesaid offence. The Court fee shall be refunded as per the provisions of Legal Services Authority Act, 1987.

The bail bonds furnished by the applicant stands discharged. This revision stands allowed in above terms.

Certified copy as per Rules.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 17-02-2023 18:05:22

(PRAKASH CHANDRA GUPTA) (MADHUSUDAN DWIVEDI) MEMBER MEMBER ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 17-02-2023 18:05:22