Deependra Singh vs Shriman Narayan Shrivastav
2023 Latest Caselaw 3412 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                              ON THE 27 th OF FEBRUARY, 2023
                                            CRIMINAL REVISION No. 577 of 2023

                          BETWEEN:-
                          DEEPENDRA SINGH S/O SHRI ANIL SINGH, AGED
                          ABOUT 29 YEARS, OCCUPATION: BUSINESS (WRONGLY
                          MENTIONED AS AMIL SINGH) FLAT NO. 8 UMA
                          APARTMENT IN FRONT OF MOBILE TOWER INDRA
                          NAGAR P.S. VISHWAVIDHYALAYA DISTRICT REWA
                          (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI VIKAS MAHAVAR - ADVOCATE)

                          AND
                          SHRIMAN NARAYAN SHRIVASTAV S/O SHRI DR.
                          RAMESH CHANDRA SHRIVASTAV, AGED ABOUT 40
                          YEARS, HOUSE NO. 5/144 BANKUIYA ROAD BEEDHA
                          MOD. DHEKAHA POLICE STATION CIVIL LINES REWA
                          (MADHYA PRADESH)

                                                                                   .....RESPONDENT
                          (BY SHRI AMIT BHURRAK - ADVOCATE)

                                This revision coming on for admission this day, th e court passed the

                          following:
                                                              ORDER

Heard on I.A. No. 3120/2023 which is an application under Section 5 of Limitation Act for condonation of delay which is supported by an affidavit of the father of the applicant.

Learned counsel for the applicant submitted that applicant was not aware about the impugned order dated 07.11.2019 because of pandemic COVID-19 and when it comes to the knowledge of the applicant, he Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 3/1/2023 2:34:08 PM

immediately move this Criminal Revision.

On consideration of the arguments advanced by learned counsel for the applicant and the ground mentioned in the application, the same (I.A. No.3120/2023) is allowed. Delay in filing this Criminal Revision is hereby condoned.

Also heard on I.A. No. 5054/2023 which is an application for compromise under Section 138 of N.I. Act and under Section 359 of the Cr.P.C.

Instant Criminal Revision under Section 397/401 of Cr.P.C. has been filed by the petitioner being aggrieved by the Judgment dated 07.11.2019

passed by learned 13th Additional Sessions Judge, Rewa District Rewa in Criminal Appeal No. 35/2019 affirming the judgment dated 15.02.2019 passed by learned Judicial Magistrate First Class, Rewa in Criminal Case No. 2801448/2015 whereby the learned court below has convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo S.I. for six months and a fine of Rs. 4,00,000/- as compensation.

Learned counsel for the petitioner submitted that the parties of the case have entered into compromise out of court, whereby respondent has received the entire cheque amount of Rs.4, 00,000/-. Respondent has no objection if the appellant has been acquitted in the instant matter. Therefore, no useful purpose would be served by putting the petitioner behind the bar.

Learned counsel for the respondent/complainant submitted that, the Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 3/1/2023 2:34:08 PM

parties have entered into settlement. As per the compromise, respondent has already received the entire cheque amount of Rs. 4,00,000/- from the petitioner.

In view of the aforesaid circumstances I.A. No. 5054/2023 is allowed. Looking to the peculiar facts and circumstances of the case and the fact that parties of the case have entered into compromise and the respondent has already been received the cheque amount, no useful purpose would be served to keep the accused behind the bar.

Since, the offence has been compounded by the respondent with the petitioner, therefore, this Criminal Revision is allowed stands disposed of subject payment of cost, which shall be 15% of the cheque amount of Rs.4,00,000/- as per the guidelines issued by Hon'ble the Apex Court in the case of Damodar S. Prabhu Vs.Sayed Babalal (2010)5 SCC 663.

Judgment dated 07.11.2019 passed by learned 13th Additional Sessions Judge, Rewa District Rewa in Criminal Appeal No. 35/2019 affirming the judgment dated 15.02.2019 passed by learned Judicial Magistrate First Class, Rewa in Criminal Case No. 2801448/2015 are hereby set aside. Applicant is acquitted from the charges of Section 138 of N.I. Act.

On being deposition of 15% of the cheque amount by the petitioner as compounding fee, with the District Legal Service Authority, Rewa (M.P.), the petitioner shall be released from custody, if not required in any other case, in case of non-deposition of cost, this order shall stands cancelled without further reference to this Court and the order passed by

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 3/1/2023 2:34:08 PM

learned 13th Additional Sessions Judge, Rewa District Rewa shall be upheld.

All the pending interlocutory applications be disposed off. A copy of this order be sent to the concerned trial Court for necessary compliance.

(RAJENDRA KUMAR (VERMA)) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 3/1/2023 2:34:08 PM