Kapil Sahu vs Ramesh Shravan
2023 Latest Caselaw 1614 MP

                                                           1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                               ON THE 30 th OF JANUARY, 2023
                                           CRIMINAL REVISION No. 4647 of 2022

                          BETWEEN:-
                          KAPIL SAHU S/O SHRI DHANIRAM SAHU, AGED ABOUT
                          26 YEARS, OCCUPATION: PRIVATE JOB 31 GALI NO.3
                          NEAR NAALE SOURABH COLONY, CHANDBAD,
                          DISTRICT-BHOPAL ( M.P. )

                                                                                        .....APPLICANT
                          (BY SHRI SAURABH SHRIVASTAVA - ADVOCATE )

                          AND
                          RAMESH SHRAVAN S/O LATE SHRI KALURAM R/O
                          HOUSE NO. 12, HOLI WALA MAIDAN, CHANDBAD
                          BHOPAL DISTRICT- BHOPAL (M.P.)

                                                                                      .....RESPONDENT
                          (BY SHRI BHASKER PANDEY - ADVOCATE )

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

Heard on I.A. No. 89/2023 which is an application under Section 5 of Limitation Act for condonation of delay which is supported by an affidavit of the wife of the applicant.

Learned counsel for the applicant submitted that applicant was not aware about the impugned order dated 23.12.2021 because of pandemic COVID-19 and when it comes to the knowledge of the applicant, he immediately move this Criminal Revision.

On consideration of the arguments advanced by learned counsel for the Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 31-Jan-23 10:12:08 AM

applicant and the ground mentioned in the application, the same (I.A. No.89/2023) is allowed. Delay in filing this Criminal Revision is here by condoned.

A ls o heard on I.A. No.2148/2023 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 23.12.2021 passed by learned 8th Additional Sessions Judge, Bhopal District Bhopal in RCT No.855/2017 affirming the judgment dated 12.04.2018 passed by learned

Judicial Magistrate First Class, Bhopal in Criminal Case No. 517/2018 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 R.I. for six months and a fine of Rs.59,000/- as compensation and Rs.10,000/- in accordance with Section 359 of Cr.P.C. After conviction, petitioner surrender before the trial Court and since then he is in judicial custody.

Learned counsel for the petitioner submitted that the parties of the case have entered into out of court settlement, whereby respondent has received the entire cheque amount of Rs.50,000/-. It has also been settled that respondent is also entitled for the amount of Rs.17,250/- deposited before the trial Court by the appellant. 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 bar.

Learned counsel for the respondent/complainant submitted that, the parties have entered into settlement. As per the compromise, respondent has already received the entire cheque amount of Rs.50,000/- from the petitioner. Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 31-Jan-23 10:12:08 AM

In view of the aforesaid circumstances I.A. No. 2148/2023 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.

O n due consideration, and 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.

In view of the aforesaid, the criminal revision is allowed and stands disposed of subject payment of cost, which shall be 15% of the cheque amount of Rs.50,000/- as per the guidelines issued by Hon'ble the Apex Court in the case of Damodar S. Prabhu Vs.Sayed Babalal (2010)5 SCC

Judgment dated 23.12.2021 passed by learned 8th Additional Sessions Judge, Bhopal District Bhopal in CRA No. 517/2018 is 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, Bhopal (M.P.), within a period of one month from today, the petitioner shall be

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 31-Jan-23 10:12:08 AM

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 learned 08th Additional Sessions Judge, Bhopal District Bhopal in CRA No. 517/2018 shall be upheld.

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

(RAJENDRA KUMAR (VERMA)) JUDGE vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 31-Jan-23 10:12:08 AM