Anil Kumar vs Ramesh Bhargava
2023 Latest Caselaw 3652 MP

                                                                        1
                                       IN     THE      HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                      HON'BLE SMT. JUSTICE ANJULI PALO
                                                            ON THE 1 st OF MARCH, 2023
                                                       CRIMINAL REVISION No. 565 of 2023

                                      BETWEEN:-
                                      ANIL KUMAR S/O SHRI ASHOK YADAV, AGED ABOUT 45
                                      YEARS, R/O VILLAGE SOTHIYA TAHSIL- BEGUMGANJ
                                      (MADHYA PRADESH)

                                                                                                  .....APPLICANT
                                      (BY SHRI SIDDHARTH BHOLA - ADVOCATE)

                                      AND
                                      RAMESH BHARGAVA S/O SHRI RAMSWAROOP
                                      BHARGAV, AGED ABOUT 49 YEARS, R/O SATATE BANK
                                      COLONY, BEGUMGANJ (MADHYA PRADESH)

                                                                                                .....RESPONDENT
                                      (NONE FOR THE RESPONDENT )

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

This revision has been filed by the applicant under Section 397 read

with Section 401 of Cr.P.C. for setting aside the judgment dated 30.1.2023 passed by learned first Additional Sessions Judge, Raisen in Criminal Appeal No. 30 of 2019 w hereby the applicant has been convicted under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to undergo R.I for 6 months with compensation of Rs.3,50,000/- (Three Lakh and Fifty Signature Not Verified SAN Thousand only) with default stipulation.

Digitally signed by PRADYUMNA BARVE Date: 2023.03.02 10:49:10 IST The parties have entered into the compromise and settled their matter

amicably. In this regard, the parties have filed I.A. 3041 of 2023, an application under Section 320 of Cr.P.C. for compounding the offence.

In compliance of the order dated 8.2.2023 passed by this Court, the parties appeared before the Registrar (Judicial-II) for verification of compromise. The Registrar (Judicial-II) submitted his report dated 21.02.2023 stating that the parties have compromised the matter voluntarily without any threat, inducement, pressure or coercion. They have settled their dispute amicably. However, Registrar (Judicial-II) pointed out that in view of decision in Damodardas S.Prabhu Vs. Sayed Babalal H, (2010) 5 SCC 663, the applicant is required to deposit compounding fee at the rate of 15% of the

cheque amount with the State Legal Services Authority.

Taking into account the entire fact situation as also considering the report of Registrar (Judicial-II) and in view of decision in the case of Damodar S.Prabhu (supra), the revision is allowed with the condition that if the applicant deposits 10% of the cheque amount towards compounding fee before the M.P.State Legal Services Authority within 30 days from the date of receipt of certified copy of this order and produces receipt thereof, the judgment of conviction and order of sentence of applicant shall be treated to have been set aside and the applicant shall be acquitted from the charges levelled against him. Thereafter, applicant be released immediately, if not required in any other case..

In the result, the revision is disposed of subject to above condition.

                                                                                              (SMT. ANJULI PALO)
Signature Not Verified                                                                              JUDGE
  SAN
                                      PB

Digitally signed by PRADYUMNA BARVE
Date: 2023.03.02 10:49:10 IST