Madhya Pradesh High Court
Trilokinath Mishra vs Mahashakti Grah Udyog on 1 May, 2023
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANJULI PALO
ON THE 1 st OF MAY, 2023
CRIMINAL REVISION No. 1597 of 2022
BETWEEN:-
TRILOKINATH MISHRA S/O LATE SHRI MURARILAL
MISHRA, AGED ABOUT 65 YEARS, OCCUPATION: NOW
NOTHING, WARD NO.07, IN THE HOUSE OF MAHESH
SINGH RAJPUT, INFRONT OF NAGAR PARISHAD
BUDHNI, DISTRICT SEHORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SANJAY SHARMA- ADVOCATE)
AND
MAHASHAKTI GRAH UDYOG THROUGH ITS DIRECTOR
SMT. MUNNIDEVI CHOUHAN W/O SHRI SHIVPAL SINGH
CHAUHAN, R/O PLOT NO.61, SECTOR-B, AUDYOGIK
KSHETRA MANDIDEEP, TEHSIL GAUHARGANJ,
DISTRICT RAISEN (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI BHUPENDRA MISHRA- ADVOCATE)
T h is revision coming on for orders this day, t h e cou rt passed the
following:
ORDER
This criminal revision u/s 397/401 of Cr.P.C. has been filed by the
applicant against judgment dated 28.1.2022 passed by Additional Sessions
Judge, Gauharganj, District Raisen in Criminal Appeal No.96/2019 (arising out
of judgment dated 30.8.2019 passed by JMFC, Gahaurganj in SCNIA/68/2017)
Signature Not Verified
whereby the applicant has been convicted for offence under section 138 of
SAN
Negotiable Instruments Act and sentenced to undergo R.I. for 01 year and
Digitally signed by RAJESH MAMTANI
Date: 2023.05.02 18:30:52 IST
compensation of Rs.5,50,000/- with default stipulations.
As per prosecution case, the applicant/accused for the purpose of
purchase of wheat for his personal use availed a loan of Rs.5,00,000/- from the
complainant. The applicant for repayment of aforesaid amount to the
complainant issued a cheque No.828930 dated 05.12.2016 worth Rs.5 lacs of
State Bank of India, Budhni, District Sehore. The complainant lodged aforesaid
cheque with its banker, but the same was dishonoured on account of
"Insufficient Funds". Therefore, the complainant lodged a complaint under
section 138 of NI Act against the applicant.
The trial Court vide judgment dated 30.8.2019 found the applicant guilty
and convicted him for offence under section 138 of NI Act and sentenced to
undergo R.I. for 01 year and compensation of Rs.5,50,000/- with default
stipulations.
The applicant being aggrieved with the judgment of the trial Court
preferred an appeal before the lower appellate Court, which has affirmed the
judgment of conviction and order of sentence of the applicant. Hence, the
applicant preferred instant revision.
During the pendency of this revision, the parties have arrived at a
compromise and, therefore, this Court vide order dated 22.2.2023 directed the
parties to personally appear before the Registrar Judicial of this Court for
verification of their compromise.
In compliance of aforesaid order dated 22.2.2023 the applicant was
produced from jail on production warrant before the Registrar Judicial on
15.3.2023. Ms.Munnidevi Chouhan who is Director of the complainant stated
Signature Not Verified
SAN
she received an amount of Rs.1,50,000/- towards full and final settlement of
Digitally signed by RAJESH MAMTANI
Date: 2023.05.02 18:30:52 IST
their dispute and she has no objection if the applicant is acquitted of the charge
levelled against him. She further stated that she has entered into the compromise
out of her own volition and without any compulsion. However, the Registrar
(Judicial-II) has pointed out that the applicant is required to deposit 15% of
cheque amount towards compounding fee in view of decision of in the case of
Damodar S.Prabhu Vs. Sayed Babalal H, (2010) 5 SCC 663.
Learned counsel for the applicant submitted that applicant is in jail and is
suffering from ailments. His condition is pathetic, therefore, he would not be a
position to deposit the compounding fee also. Hence, prayed for relaxation in
the condition of deposit of 15% of compounding fee.
Learned counsel for the respondent has no objection to such prayer of
relaxation in compounding fee.
In view of aforesaid peculiar facts and circumstances of the case and in
the light of observation made in paragraph 25 of the decision in Damodardas
S. Prabhu (supra) whereby Court may reduce the requirement of deposit of
15% of cheque amount towards compounding fee, the applicant is directed to
deposit Rs.7,000/- towards compounding fee before the trial Court within a
period from the 15 days from today. If the applicant deposits aforesaid amount
within the time stipulated above, he shall be released from jail forthwith if his
custody is not required in connection with any other case. In view of aforesaid
compromise, it is made clear that this order would have the effect of acquittal
under Section 320 (8) of the Cr.P.C. and, therefore, the applicant is acquitted
from offence under Section 138 of the Negotiable Instruments Act.
The revision is accordingly disposed of. Let a copy of this order be kept
in the records of the courts below. The original records be sent back to the
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SAN
concerned courts.
Digitally signed by RAJESH MAMTANI
Date: 2023.05.02 18:30:52 IST
SMT. ANJULI PALO)
JUDGE
RM
Signature Not Verified
SAN
Digitally signed by RAJESH MAMTANI
Date: 2023.05.02 18:30:52 IST
