Ram Mukesh Meena vs Krishna Krishi Sewa Kendra Thr. ...
2023 Latest Caselaw 7984 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                 BEFORE NATIONAL LOK ADALAT
                HON'BLE SHRI JUSTICE ROHIT ARYA
                                &
               SHRI K.S. TOMAR, SENIOR ADVOCATE
                       ON THE 13 th OF MAY, 2023
                 CRIMINAL REVISION No. 854 of 2023

BETWEEN:-
RAM MUKESH MEENA S/O SHRI MAAN SINGH MEENA,
AGED ABOUT 39 YEARS, R/O VILL. HALGAWADA
BUJURG SHEOPUR (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI ABHISHEK SINGH BHADOURIYA-ADVOCATE )

AND
KRISHNA KRISHI SEWA KENDRA THR. LOKENDRA
SINGH S/O SHRI NARAYAN SINGH, AGED ABOUT 39
YEARS, R/O VILL. RADEP THASI LBARODA (MADHYA
PRADESH)

                                                            .....RESPONDENTS
(BY SHRI HEMANT SINGH RANAN-ADVOCATE)

      This revision coming on for conciliation this day, the Bench passed the

following:
                                   ORDER

This Criminal Revision is directed under Section 397 and 401 of Cr.P.C. against the appellate judgment dated 15/02/2023 passed by the First Additional Sessions Judge, Sheopur in Criminal Appeal No. 94/2022, thereby convicting the applicant for offence under Section 138 of Negotiable Instrument Act (hereinafter shall be referred to as the Act) and sentenced for six months R.I. with direction to pay compensation of Rs.3,62,776/- inclusive of interest to the respondent under Section 357 (3) of Cr.P.C., while affirming the order dated

5/12/2022 passed by the Judicial Magistrate First Class Sheopur in Case No.SCNIA/96/2021.

Both parties are present along with their Advocate and are identified by their Advocates.

It is stated that dispute has been settled on payment of Rs.2,50,000/-. Undisputedly the offence alleged is compoundable in nature. The alleged offence under Section 138 of the Act is of the year 2021, the impugned judgment and the instant Criminal Revision are of the year 2022. Almost 2 years' period has passed by since the date of alleged offence.

Learned counsel for the applicant submits that the respondent/

complainant has already received an amount of Rs.1,77,491/- and the same is not disputed by the respondent present in the court. Besides, an amount of Rs.72,509/- has already been deposited with the trial court and the same may be disbursed to the complainant/respondent while adjusting it towards the entire amount of compensation as awarded by the trial court.

Accordingly, present revision stands disposed of with the following consent order :

The impugned conviction and sentence of appellant under Section 138 of Act are set aside. However, the amount of compensation payable to the respondent is reduced to Rs.2,50,000/-, out of which respondent has already received Rs.1,77,491/- and remaining Rs.72,509/- have been deposited with the trial court. The trial court is directed to disburse the said amount of Rs.72509/- to the respondent.

The applicant is on bail. His bail bonds stand discharged.

        (ROHIT ARYA)                           (K.S. TOMAR )
           MEMBER                               MEMBER

  (Dubey)

SUNE Digitally signed by SUNEEL DUBEY DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

EL GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b 00a11fc66a5e160f585aa7a92425f38

DUBE 0d476b32818, pseudonym=046B231C591E29491F 36ABD156EBF3A713937186, serialNumber=4009CAE962958E01 9ADDF04E87EFD5C07FA5D0C3853 2D550F61B55401A275B8C,

Y cn=SUNEEL DUBEY Date: 2023.05.15 14:22:23 -07'00'