Brajesh Kumar Dangi vs Kamal Kumar
2023 Latest Caselaw 16629 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                              HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                                              ON THE 9 th OF OCTOBER, 2023
                                          CRIMINAL REVISION No. 4417 of 2023

                          BETWEEN:-
                          BRAJESH   KUMAR DANGI S/O RAMSINGH, AGED
                          ABOUT 30 YEARS, OCCUPATION: NONE R/O VILALGE
                          SEMRA KALA TAHSIL BAIRASIA DISTRICT BHOPAL
                          (MADHYA PRADESH)

                                                                                       .....APPLICANT
                          (BY SHRI B.S. KUSHWAHA - ADVOCATE)

                          AND
                          KAMAL KUMAR S/O LATE SHRI BHAIYALAL JHA R/O 48
                          JHA BHAWAN CHOWKI IMAMBADA DISTRICT BHOPAL
                          (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                          (BY SHRI RAJIV PANDEY - ADVOCATE)

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                            ORDER

Heard on IA No.24252/2023, an application under Section 147 of the Negotiable Instruments Act, 1881 (herein after referred to as the Act, for brevity) for compounding offence under Section 138 of the Act.

2. The applicant has preferred this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 against judgment dated 20/03/2018 passed by 11th Additional Sessions Judge, Bhopal District Bhopal (MP) in Criminal Appeal No.671/2016, whereby the appeal filed by the applicant has been dismissed, affirming judgment dated 03/09/2016 Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10-Oct-23 10:23:14 AM

pronounced by Judicial Magistrate First Class, Bhopal, District Bhopal (MP) in Criminal Case No.1343/2013, by which the applicant was convicted for offence punishable under Section 138 of the Act and sentenced to undergo one year and one year rigorous imprisonment and also directed to pay Rs.3,10,000/- as compensation to the respondent / complainant under Section 357 (3) of the Code of Criminal Procedure, 1973 along with default stipulation vide judgment dated 17th January, 2019.

3. During the pendency of the present revision, both the parties have amicably settled their dispute and entered into compromise . They have filed IA No.24252/2023 for compromise. The factum of compromise is duly verified by

the Registrar (J-II) of this Court. As per verification report dated 07/10/2023, both the parties have arrived at compromise voluntarily, without any threat, inducement and coercion. Therefore, learned counsel for both the parties pray for acquittal of the present applicant from the alleged offence on the basis of compromise.

4. Looking to the aforesaid fact that compromise has taken place between both the parties, IA No.24252/2023 is hereby allowed; and impugned judgment dated 20/03/2018 passed by 11th Additional Sessions Judge, Bhopal District Bhopal (MP) in Criminal Appeal No.671/2016 as well as judgment dated 03/09/2016 pronounced by Judicial Magistrate First Class, Bhopal, District Bhopal (MP) in Criminal Case No.1343/2013 are hereby set aside, subject to depositing 15% of the cheque amount, by way of cost with Legal Services Authority, High Court of Madhya Pradesh, Jabalpur.

5. Consequently, the applicant is acquitted from the offence under Section 138 of the Act, subject to the condition of depositing Compounding Fee, as mentioned above.

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10-Oct-23 10:23:14 AM

6. With the aforesaid, Criminal Revision No. 4417/2023 stands allowed and disposed of. The applicant be released forthwith, if not required in any other criminal case.

7. Let a copy of this order be sent back to courts concerned for information and necessary compliance.

C. c. as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10-Oct-23 10:23:14 AM