Tarun Bhargava vs Ishwar
2023 Latest Caselaw 10647 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                                 ON THE 11 th OF JULY, 2023
                                           CRIMINAL REVISION No. 877 of 2014

                           BETWEEN:-
                           TARUN BHARGAVA S/O SHRI PRABHAT BHARGAVA,
                           AGED ABOUT 40 YEARS, R/O: ARGADE KI GALI, DAL
                           BAZAR TIRAHA, LASHKAR, GWALIOR CURRENT
                           ADDRESS A.B. ROAD, VILL. ARJUN BADODA, TEH.
                           SANWER, DIST. INDORE (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI SAPNESH KUMAR JAIN - ADVOCATE)

                           AND
                           1.    ISHWAR S/O ANOKHILAL HADA,             R/O: VILL.
                                 BHAIRVAKHEDI, DIST. DEWAS              (MADHYA
                                 PRADESH)

                           2.    DISTRICT MAGISTRATE D.M. OFFICE INDORE
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI KAUSHAL SISODIYA - ADVOCATE FOR RESPONDENT NO.1.)

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

                           following:
                                                             ORDER

The present revision is filed under section 397 & 401 of Cr.P.C. being

aggrieved by the judgment dated 25.06.2014 passed by 5th ASJ, Indore in Criminal Appeal No.599/2013 arising out of the judgment passed by JMFC, Sanwer on 12.08.2013 in Criminal Case No.1420/2011 whereby the petitioner has been convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo 1 year SI and compensation of Rs.5,81,000/-. Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-07-2023 11:03:46

2. Learned counsel for both the parties submits that matter has been amicably settled between the parties. By order dated 04.07.2023, this Court referred the matter for verification of factum of compromise between the parties before the Principal Registrar of this Court.

3. A verification report has been submitted to the effect that the parties have entered into compromise with their free will and there is no undue influence, pressure, force, duress and coercion over the parties.

4. In view of the report and the fact that the offence is compoundable, I find that compromise petition is liable to be allowed and in view of the compromise between the parties, the present revision petition is allowed. The

impugned judgment of conviction and sentence is hereby set aside. The applicant is acquitted of all the charges.

5. With the aforesaid the revision petition is allowed and disposed off.

6. As a consequence, pending interlocutory application, if any, are disposed off. Respondent/ complainant shall be at liberty to withdraw amount deposited by the petitioner/ accused before the lower Court.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-07-2023 11:03:46