Nitin Kumar Saini vs Central Bank Of India Branch ...
2023 Latest Caselaw 4154 MP

                                                            1
                             IN THE HIGH COURT OF MADHYA PRADESH
                                          AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                               ON THE 16 th OF MARCH, 2023
                                           CRIMINAL REVISION No. 5018 of 2022

                          BETWEEN:-
                          NITIN KUMAR SAINI, S/O LATE CHANDRAGOPAL SAINI,
                          AGED ABOUT 36 YEARS, OCCUPATION: BUSINESS,
                          VILLAGE NIMSADIYA, TAHSIL AND        DISTRICT
                          HOSHANGABAD (MADHYA PRADESH)

                                                                                      .....APPLICANT
                          (BY SHRI S.K. CHANSORIYA - ADVOCATE)

                          AND
                          CENTRAL BANK OF INDIA BRANCH HOSHANGABAD,
                          THROUGH SENIOR MANAGER, CENTRAL BANK OF
                          INDIA, BRANCH OFFICE HOSHANGABAD, TEHSIL
                          DISTRICT HOSHANGABAD (MADHYA PRADESH)

                                                                                    .....RESPONDENT
                          (BY SHRI KAPIL DUGGAL - ADVOCATE)

                                T h is revision coming on for orders this day, t h e cou rt passed the
                          following:
                                                             ORDER

Heard on I.A. No. 25348/2023 which is an application under Section 5 of Limitation Act for condonation of delay which is supported by an affidavit of the brother of the applicant.

On consideration of the arguments advanced by learned counsel for the applicant and the ground mentioned in the application, the same (I.A. No.25348/2023) is allowed. Delay in filing this Criminal Revision is hereby condoned.

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 3/17/2023 1:31:43 PM

Also heard on I.A. No. 5620/2023 which is an application, under Section 320(2) of the Cr.P.C. for grant of compromise.

Instant Criminal Revision under Section 397/401 of Cr.P.C. has been filed by the applicant being aggrieved by the Judgment dated 20/12/2018 passed by learned IIIrd Additional Sessions Judge, Hoshangabad in Criminal Appeal No. 400324/2016 affirming the judgment dated 11/11/2016 passed by learned Judicial Magistrate First Class, Hoshangabad in Criminal Case No. 1001272/2014 whereby the learned court below has convicted the applicant for the offence punishable under

Section 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for one year and a fine of Rs. 10,00,000/- with default stipulation.

Learned counsel for the applicant submitted that the compromise has been taken place between the applicant and Central Bank of India and as per the condition of the compromise , the applicant was deposited all required money his P.M.R.Y. account no.3063747265 and after receiving amount court has been issued NOC dated 31/1/2023. Respondent has received the entire cheque amount. Respondent has no objection if the applicant has been acquitted in the instant matter. Therefore, no useful purpose would be served by putting the applicant behind the 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. 6,50,000/- from the applicant.

In view of the aforesaid circumstances I.A. No. 5620/2023 is Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 3/17/2023 1:31:43 PM

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 applicant, therefore, this Criminal Revision is allowed stands disposed of subject payment of cost, which shall be 15% of the cheque amount of Rs.6,50,000/- as per the guidelines issued by Hon'ble the Apex Court in the case of Damodar S. Prabhu Vs.Sayed Babalal (2010)5 SCC 663.

Judgment dated 20/12/2018 passed by learned IIIrd Additional Sessions Judge, Hoshangabad in Criminal A p p e a l No. 400324/2016 affirming the judgment dated 11/11/2016 passed by learned Judicial Magistrate First Class, Hoshangabad in Criminal Case No. 1001272/2014 are hereby set aside. Applicant is acquitted from the charges of Section 138 of N.I. Act.

The applicant is directed to deposit the 15% amount of the cheque amount as cost within seven days from the date of his releasing with the District Legal Service Authority, Hoshangabad (M.P.) , failing which this order shall stands cancelled without further reference to this Court and

the order passed by learned IIIrd Additional Sessions Judge, Hoshangabad shall be upheld.

All the pending interlocutory applications be disposed off. Record be sent back.

A copy of this order be sent to the concerned trial Court for

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 3/17/2023 1:31:43 PM

necessary compliance.

(RAJENDRA KUMAR (VERMA)) JUDGE m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 3/17/2023 1:31:43 PM