Brahaspati @ Rohit Solanki vs Manish
2023 Latest Caselaw 18372 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 2 nd OF NOVEMBER, 2023
                                           CRIMINAL REVISION No. 4696 of 2023

                           BETWEEN:-
                           BRAHASPATI @ ROHIT SOLANKI S/O BALIRAM
                           SOLANKI, AGED 38 YEARS, OCCUPATION: DRIVER R/O
                           IN FORNT OF SUT MILLNEAR PUNCH WALE HANUMAN
                           MANDIR KHARGONE (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI MANURAJ SINGH - ADVOCATE)

                           AND
                           MANISH S/O LATE MURLIDHAR SONI, AGED 33 YEARS,
                           OCCUPATION: BUSINESS R/O BARWANI ROAD RAJPUR
                           TEHSIL RAJPUR DISTT. BARWANI (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI VISHAL SHARMA - ADVOCATE)

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

This criminal revision under section 397 read with section 401 of Cr.P.C. has been filed by petitioner against the impugned judgment dated 21.8.2023 passed by Sessions Judge Barwani in criminal appeal No.11/2023 upholding the judgment dated 24.12.2022 passed by JMFC Barwani in criminal case No. 54/2019 whereby the petitioner/accused has been convicted under section 138 of Negotiable Instruments Act, 1881 (in short NIA) and sentenced to undergo six months RI with a direction to the petitioner to pay the compensation of Rs 5,26,000/- to complainant.

Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 03-11-2023 11:06:58

2. During pendency of this revision petition, petitioner has filed an application for compromise under section 147 of the Negotiable Instruments Act (IA No. 15285/2023). Factum of compromise has been duly verified by the Principal Registrar of this Court on 27.10.2023 and as per his report, both the parties are competent to compromise the matter and they have entered into compromise with their free will, without any undue impression, pressure or fear or coercion.

3. Counsel for the petitioner submitted that since the matter has been compromised between both the parties, therefore, the impugned judgment / order passed by both the Courts below be set aside and the petitioner may be

acquitted from all the charges.

4. The offence registered against the petitioner is compoundable, therefore, in view of the compromise filed by both the parties, present revision is allowed and the judgment / order dated 21.8.2023 passed by Sessions Judge Barwani in Criminal Appeal no. 11/2023 and the judgment / order dated 24.12.2022 passed by the JMFC, Barwani in Criminal Case no. 54/2019 are hereby set aside and petitioner is acquitted from the charge under section 138 of the N.I. Act.

5. IA No. 16857/2023 which is an application for withdrawal of the amount deposited by petitioner is also allowed. Trial court is directed to release the amount of compensation of Rs. 1,05,200/- deposited by petitioner in favour of petitioner/accused.

6. In light of the aforesaid, present revision stands disposed of, All pending IAs also stand disposed off.

CC as per rules.

Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 03-11-2023 11:06:58

(ANIL VERMA) JUDGE BDJ

Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 03-11-2023 11:06:58