Pankaj Sharma vs Umesh Tiwari
2023 Latest Caselaw 2506 MP

                                                                      1
                                      IN     THE      HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                        BEFORE LOK ADALAT
                                           HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                                 &
                                                  SHRI ANIL KHARE, SR. ADVOCATE
                                                        ON THE 11 th OF FEBRUARY, 2023
                                                     CRIMINAL REVISION No. 1202 of 2019

                                     BETWEEN:-
                                     PANKAJ SHARMA S/O N.P. SHARMA, AGED ABOUT 34
                                     YEAR S, OCCUPATION: PRIVATE WORK R/O. SHANTI
                                     NAGAR MARUTI NANDAN GARDEN KE BAJU ME
                                     HOSHANGABAD THANA KOTWALI (MADHYA PRADESH)

                                                                                                 .....PETITIONER
                                     (BY SHRI MANOJ CHATURVEDI - ADVOCATE)

                                     AND
                                     UMESH TIWARI S/O ASHARAM TIWARI, AGED ABOUT
                                     40 YEARS, OCCUPATION: BAYAJ PER PAISE DENA R/O.
                                     TIWARI GARMENTS REST HOUSE KE SAMNE KOTHI
                                     BAZAR HOSHANGABAD THANA KOTWALI (MADHYA
                                     PRADESH)

                                                                                               .....RESPONDENTS
                                     (BY SHRI DURGESH PANDEY - ADVOCATE)

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

                                     following:
                                                                       ORDER

T h e present revision petition has been filed being aggrieved by the

judgement dated 22.02.2019 passed in Criminal appeal No. 38/2015 by 1st Addl. Sessions Judge, Hoshangabad, whereby the judgement dated 25.07.2015

Signature Not Verified passed by JMFC, Hoshangabad in Criminal Case No. 38/2013 convicting the SAN

petitioner under Section 138 of N.I. Act and sentence for one Year R.I. with Digitally signed by AMITABH RANJAN Date: 2023.02.14 17:59:01 IST

fine/compensation of Rs.5,65,000/- has been affirmed.

Now, both the parties have settled their dispute amicably and and are present before this Court. The petitioner as well as respondent/complainant are present in person before this Lok Adalat and identified by their respective counsel. The complainant has admitted that he has compromised the case with the petitioner amicably and entire amount has already been received in the Court.

In view of the compromise arrived at between the parties, the revision petition is allowed.

The judgment dated 22.02.2019 passed in Criminal appeal No. 38/2015

by 1st Addl. Sessions Judge, Hoshangabad, whereby the judgement dated

25.07.2015 passed by JMFC, Hoshangabad in Criminal Case No. 38/2013 are hereby quashed and the petitioner is acquitted from the charges under Section 138 of N.I. Act on the basis of compromise.

The learned Court below concerned is directed to release bail bonds of the petitioner subject to depositing of 02% of the fine amount i.e. of the amount of Rs.5,65,000/- as compounding the offence in the Lok Adalat in view of the direction given by the Division Bench of This Court in the case of Ramesh Chandra vs. State of M.P. ILR 2012 MP 320 within a period of one months from today, failing which, the judgment dated 22.02.2019 passed in Criminal

appeal No. 38/2015 by 1st Addl. Sessions Judge, Hoshangabad, shall remain enforced.

Learned counsel for the respondent prays for refunding the entire court fees deposited by the respondent before the trial Court in Case No. 38/2013. Signature Not Verified SAN Since, the matter has been disposed of, the Court fees, if so deposited, Digitally signed by AMITABH RANJAN Date: 2023.02.14 17:59:01 IST be returned to him.

With the aforesaid, the petition stands disposed off. Pending I.A, if any, stands closed.

Certified copy, per rules.

                                       (RAJENDRA KUMAR (VERMA))                                        ( ANIL KHARE )
                                               MEMBER                                                   MEMBER
                                     Amitabh




Signature Not Verified
  SAN




Digitally signed by AMITABH RANJAN
Date: 2023.02.14 17:59:01 IST