Ishwar vs Satish
2023 Latest Caselaw 7987 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT INDORE
              BEFORE NATIONAL LOK ADALAT
       HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                             &
                      MS. SOFIYA KHAN
                       ON THE 13 th OF MAY, 2023
                CRIMINAL REVISION No. 1496 of 2023

BETWEEN:-
ISHWAR S/O RAM SINGH R/O GRAM AJAMPURA
TEHSIL GHATIYA DISTRICT UJJAIN (MADHYA
PRADESH)

                                                                .....APPLICANT
(BY SHRI DINESH CHANDRA KASNIYA - ADVOCATE)

AND
SATISH S/O LAXMINARAYAN KHANDELWAL R/O
SATIGATE, DIST. UJJAIN (MADHYA PRADESH)

                                                              .....RESPONDENT
(BY SHRI VIJAY GULANI - ADVOCATE)

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

Heard on I.A. No.4913/2023, which is an application under Section 5 of Indian Limitation Act for condonation of delay of 1127 days in filing the revision.

For the reasons stated in the application, I.A. is allowed and the delay is condoned.

T h e present revision petition has been filed being aggrieved by the judgement and order dated 04.12.2019 passed in Criminal appeal No.173/2019 by 8th Additional Sessions Judge, Ujjain whereby the judgement and order

dated 31.07.2019 passed by JMFC, Ujjain in case No.8659/2016 convicting the petitioner under Section 138 of N.I. Act and sentence for 6 months R.I. with fine/compensation of Rs.2,70,000/- has been affirmed.

B o t h the parties have entered into compromise. The compromise application - I.A. No.5020/2023 was earlier filed under Section 147 of N.I. Act which was sent for verification before the Principal Registrar of this Court, who vide order dated 13.05.2023 has expressed his satisfaction in both the parties who have arrived at compromise voluntarily without any threat, inducement and coercion. Consequently, in the Lok Adalat held today, compromise application was considered finally.

After duly considering the compromise application and the factum of its verification by Principal Registrar of this Court, we are inclined to allow this application subject to payment of compounding fee of 1% out of cheque amount of Rs.2,00,000/- before the M.P. High Court Legal Services Committee, Indore Bench, Indore.

I n view of the aforesaid compromise, the judgment of conviction and sentence imposed upon the applicant by both Courts below is set-aside and the applicant is acquitted from the aforesaid offence. The Court fee shall be refunded as per the provisions of Legal Services Authority Act, 1987.

The bail bonds furnished by the applicant stands discharged. This revision stands allowed in above terms.

Certified copy as per Rules.

SHRUTI Digitally signed by SHRUTI JHA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, (JUSTICE PRAKASH CHANDRA GUPTA) ( MS. SOFIYA KHAN) MEMBER MEMBER 2.5.4.20=46283ba6a215e3d40573a7f0ced06 32c8b8e41b29405387437111f0f1c897b84,

JHA postalCode=452001, st=Madhya Pradesh, serialNumber=975D0201B09C38473541A49 07EE0732D1EA079B8EE35C9E2D19845AF26 B0FBF4, cn=SHRUTI JHA Date: 2023.05.15 10:27:46 +05'30'

Shruti