Mukut Yadav vs Dilip Agrawal
2023 Latest Caselaw 2500 MP

                                                          1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                             BEFORE LOK ADALAT
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                       &
                                       SHRI DILEEP AWASTHI, ADVOCATE.
                                             ON THE 11 th OF FEBRUARY, 2023
                                           MISC. CRIMINAL CASE No. 4700 of 2023

                          BETWEEN:-
                          MUKUT YADAV S/O SHRI PRITAM SINGH, AGED ABOUT
                          48 YEARS, OCCUPATION- AGRICULTURIST, RESIDENT
                          O F VILLAGE SAGA BARKHEDA POLICE STATION
                          ARON, DISTRICT GUNA (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (BY SHRI RISHIKESH BOHARE- ADVOCATE )

                          AND
                          DILIP AGRAWAL S/O SHRI LAXMINARAYAN AGRAWAL,
                          AGED ABOUT 46 YEARS, OCCUPATION- SHOPKEEPER
                          RESIDENT OF DIVISION ROAD GUNA, DISTRICT GUNA
                          (MADHYA PRADESH)

                                                                                    .....RESPONDENT
                          (BY SHRI ANIL JHA- ADVOCATE )

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

                          the following:
                                                           ORDER

Instant petition under Section 482 of CrPC read with Section 147 of Negotiable Instruments Act [in short '' NI Act''] has been preferred for compounding the offence under Section 138 of NI Act, whereby vide judgment of conviction and order of sentence dated 29-10-2022 passed by Fifth Additional Sessions Judge, Guna in Criminal Appeal No.49 of 2018 affirming the order dated 01-02-2018 passed by Court of JMFC, Guna in Criminal Case Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/14/2023 12:49:06 PM

No.1349 of 2010, the present petitioner has been convicted for offence under Section 138 of NI Act and sentenced to undergo one year rigorous imprisonment with a direction to pay compensation to the tune of Rs.2,70,000/- to the complainant- respondent.

Shri Jha, learned counsel for the complainant- respondent submits that the complainant- respondent has compromised the matter with the present petitioner at his own will without fear, undue influence and coercion and does not want to proceed the matter further.

Shri Bohare, learned counsel has fairly accepted the submissions made by Shri Jha.

The compromise is not against the public policy or provisions of law, hence, it is accepted. Accordingly, this petition is allowed. The present petitioner is acquitted of charge/offence under Section 138 of N.I. Act. The impugned orders passed by the Court below are hereby quashed in the light of compromise arrived at between the parties.

Let a copy of this order be sent to the Courts below for information.

                            (DEEPAK KUMAR AGARWAL)                                (DILEEP AWASTHI .)
                                     MEMBER                                           MEMBER
                          MKB




Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 2/14/2023
12:49:06 PM