Bijendra Singh Tomar vs State Of M.P.
2023 Latest Caselaw 3060 MP

                                    1
 IN      THE      HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                    ON THE 20 th OF FEBRUARY, 2023
                  CRIMINAL REVISION No. 797 of 2008

BETWEEN:-
BIJENDRA SINGH TOMARS/O SHRI SAHAB SINGH
TOM AR OCCUPATION: R/O AMBAH BHIND BY PASS
ROAD AMBAH, DISTT. MORENA (MADHYA PRADESH)

                                                                 .....PETITIONER
(BY SHRI RAVI BHARGAVA - ADVOCATE )

AND
1.     STATE OF M.P. (MADHYA PRADESH)

2.     OMPRAKASH SHARMAS/O SHRI MURARILAL
       SHARM A OCCUPATION: R/O 390, JIWAJINAGAR,
       THATIPUR GWALIOR (MADHYA PRADESH)

                                                              .....RESPONDENTS
(BY SHRI B.M. SHRIVASTAVA - PUBLIC PROSECUTOR FOR
RESPONDENT NO.1/STATE
BY SHRI MAROUF SIDDIQUI - RESPONDENT NO.2)

       Th is revision coming on for hearing this day, th e court passed the

following:
                                     ORDER

Heard on I.A.No.3866/23, an application for changing the counsel of the petitioner.

Considered and allowed. Shri Ravi Bhargava and his associate advocate is permitted to appear for counsel for petitioner.

This criminal revision has been filed by the petitioner against the judgment dated 03.12.2008 passed by the Ist ASJ, Gwalior, in Criminal Appeal

No.274/2008 affirming the judgment dated 01.11.2008 passed by the Additional JMFC, Gwalior, in Criminal Case No.16447/2007 convicting the petitioner under Section 138 of the Negotiable Instruments Act imposing one month's simple imprisonment along with fine of Rs.80,000/- with default stipulation that he will undergo six months' simple imprisonment, if the fine amount i not paid.

I.A.No.3865/23 has been jointly filed on behalf of the petitioner as well as respondent/complainant under Section 147 of the Negotiable Instruments Act mentioning therein that for maintaining good relations and peace, parties have settled their score by way of compromise and therefore, on the basis of compromise, criminal proceedings may be quashed.

Considering the settlement arrived at between the parties and the provisions of Section 147 of Negotiable Instrument Act, I.A. 3865/23 is allowed.

Accordingly, this criminal revision is allowed and petitioner is acquitted from the charge under Section 138 of the Negotiable Instruments Act. If petitioner is in jail, he be released forthwith, if not required to be in custody in any other case.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.02.21 16:41:42 -08'00'