Rajendra vs Manohar
2023 Latest Caselaw 1236 MP

                                                      1
                  IN       THE       HIGH COURT OF MADHYA PRADESH
                                           AT INDORE
                                               BEFORE
                                   HON'BLE SHRI JUSTICE ANIL VERMA
                                        ON THE 20 th OF JANUARY, 2023
                                    CRIMINAL REVISION No. 4976 of 2022

                BETWEEN:-
                RAJENDRA S/O BHIMSINGH, AGED ABOUT 48 YEARS,
                OCCUPATION: AGRICULTURIST VILLAGE GHATIYA
                GAYASUR, TEHSIL HATPIPLIYA, DISTRICT DEWAS
                (MADHYA PRADESH)

                                                                                  .....PETITIONER
                (BY SHRI PRIYANKA RAJ PANWAR - ADVOCATE )

                AND
                MANOHAR S/O RAJMAL SONI, AGED ABOUT 47 YEARS,
                OCCUPATION: BUSINESS 103, HEBATRAO MARG,
                DEWAS DISTRICT DEWAS (MADHYA PRADESH)

                                                                               .....RESPONDENTS
                (BY SHRI APOORV JOSHI, - ADVOCATE )

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

Heard on I.A. no. 16739/2022, which is an application filed under section 5 of the Limitation Act for codonation of delay in filing present revision.

The delay of 154 days in filing present revision has been duly explained by the petitioner, which is supported by affidavit of Kamalsingh, therefore, the reason assigned appears to be bonafide Accordingly, the I.A. is allowed and the delay of 154 days in filing present revision is hereby condoned.

Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 23-Jan-23 10:33:06 AM Both the parties have filed joint application under section 147 of the

Negotiable Instruments Act. Factum of compromise has been duly verified by the Principal Registrar of this Court on 02/01/2023 and as per his report, both the parties are competent to compromise the matter and they have entered into compromise with their free will, without any undue impression, pressure or fear or coercion The petitioner has been convicted under section 138 of the N.I. Act and his conviction and sentence has been upheld by the 3rd Additional Sessions Judge, Dewas in Criminal Appeal no. 98/2021 vide judgment dated 21/04/2022.

Counsel for the petitioner submitted that the petitioner is facing trial since 2017. The matter has been compromised between both the parties, therefore,

the impugned judgment / order passed by both the Courts below be set aside and the petitioner may be acquitted from all the charges.

The offence registered against the petitioner is compoundable, therefore, in view of the compromise filed by both the parties, present revision is allowed and the judgment / order dated 21/04/2022 passed in Criminal Appeal no. 98/2021 and the judgment / order dated 25/11/2021 passed by the JMFC, Dewas in Criminal Case no. 71/2018 are hereby set aside and petitioner Rajendra is acquitted from the charge under section 138 of the N.I. Act.

In light of the aforesaid, present revision stands disposed of accordingly. CC as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 23-Jan-23 10:33:06 AM