Citation : 2023 Latest Caselaw 2508 MP
Judgement Date : 11 February, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE LOK ADALAT
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
&
SHRI MANOJ SHARMA, SR. ADVOCATE
ON THE 11 th OF FEBRUARY, 2023
CRIMINAL REVISION No. 4122 of 2022
BETWEEN:-
KODU LAL MEHARA, S/O LATE SHRI. SHANKARLAL
MEHARA, AGED ABOUT 40 YEARS, OCCUPATION:
BUSINESS, R/O NEXT TO ASHOK MUDGAL, SANJAY
WARD TEHSIL AND DISTRICT NARSINGPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI PRAMENDRA SINGH - ADVOCATE ALONG WITH PETITIONER)
AND
JAGRAM MEHARA S/O LATE SHRI. PUNNU MEHARA,
AGED ABOUT 42 YEARS, VILLAGE DUDHVARA POLICE
STATION MUNGVANI TEHSIL AND DISTRICT
NARSINGHPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI MITHLESH TRIPATHI - ADVOCATE ALONG WITH
RESPONDENT)
This revision coming on for conciliation this day, the Bench passed the
following:
ORDER
This criminal revision has been filed assailing judgement dated
10.09.2022, passed by 4th ASJ, Narsinghpur, whereby judgment of conviction and order of sentence dated 26.08.2021, passed in SCNIA No.219/18 (Jagram Mehara Vs. Kodu Lal Mehra), whereby applicant was convicted for commission of offence under Section 138 of the Negotiable Instruments Act Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 2/13/2023 2:20:27 PM
and was sentenced to 6 months RI and was directed to pay the compensation of Rs.30,000/- to the respondent with default stipulations by learned JMFC has been affirmed.
Learned counsel for the parties along with parties are present before this bench and have filed application under Section 320(2) of Cr.P.C and have submitted that they have amicably settled their dispute. Applicant has paid entire cheque amount along with compensation amount to respondent. Parties have duly been identified by their learned counsels. As parties have settled their dispute and have filed compromise application, compromise application is allowed. Cost of Rs.2,000/- as per Apex Court guideline has been deposited
before State Legal Service Authority, Jabalpur Consequently, appeal judgment dated 10.09.2022, passed in Criminal
Appeal No.48/21 (Kodu Lal Mehara Vs. Jagram Mehara) by 4th ASJ affirming judgment dated 26.08.2021 by JMFC, Narsinghpur is set aside. Appellant is acquitted of offence under Section 138 of Negotiable Instruments Act.
Applicant/accused shall be entitled to receive back the fine amount of Rs.6,000/- deposited by him before the trial Court.
Trial record along with a copy of the order be sent down to the Court concerned through Sessions Judge, Narsingpur.
Criminal revision is disposed of accordingly in terms of settlement.
(DINESH KUMAR PALIWAL) (MANOJ SHARMA )
MEMBER MEMBER
Jasleen
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 2/13/2023
2:20:27 PM
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