Manoj Singh Tomar vs Shailendra Singh Chauhan
2023 Latest Caselaw 16688 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                     BEFORE
                                        HON'BLE SMT. JUSTICE SUNITA YADAV
                                              ON THE 9 th OF OCTOBER, 2023
                                          CRIMINAL REVISION No. 4122 of 2023

                          BETWEEN:-
                          MANOJ SINGH TOMAR S/O SHRI LAYAK SINGH
                          TOMAR, AGED ABOUT 46 YEARS, R/O SADA SHIV
                          NAGAR BAHODAPUR, GWALIOR (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI YOGENDRA BHARDWAJ - ADVOCATE)

                          AND
                          SHAILENDRA SINGH CHAUHAN S/O LATE SHRI
                          SURENDRA SINGH CHAUHAN, AGED ABOUT 41 YEARS,
                          OCCUPATION: PRIVATE JOB R/O KAILASH NAGAR
                          BAHODAPUR DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI KULDEEP DUBEY - ADVOCATE)

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

The present Criminal Revision under Section 397 read with Section 401 o f Cr.P.C. has been filed against the judgment dated 8.09.2014 passed by Learned XIth Additional Sessions Judge, Gwalior (M.P.) in Criminal Appeal No.46/2021 confirming the judgment of conviction dated 18.2.2021 passed by the Court of JMFC, Gwalior, in S.C. NIA No.2144 of 2017 convicting the petitioner under Section 138 of the Negotiable Instrument Act and sentenced to undergo R.I. for two years with Rs.27,84,500/ in default of furnishing the amount further six months imprisonment.

Signature Not Verified Signed by: MOHD AHMAD Signing time: 09-Oct-23 6:14:43 PM

Parties have filed I.A. Nos.16802/2023 and 16803/2023, an application for seeking permission of this Court to dispose of the matter on the basis of compromise. In support of aforesaid application, affidavits have also been filed on behalf of petitioner as well as complainant. Counsel for both the parties submit that both the parties have entered into compromise according to their own volition and without there being any pressure.

On 13.09.2023, the parties were directed to appear before the Principal Registrar of this Court for verification of factum of compromise. In compliance of the said order, the Principal Registrar has given verification report dated 14.9.2023 mentioning the fact that the parties have entered into compromise

without any threat, inducement or coercion.

In view of the above, I.A. Nos.16802/2023 and 16803/2023, stand disposed off.

Consequently, the judgment dated 8.09.2014 passed by Learned XIth Additional Sessions Judge, Gwalior (M.P.) in Criminal Appeal No.46/2021 and judgment dated 18.2.2021 passed by the Court of JMFC, Gwalior, in S.C. NIA No.2144 of 2017 are hereby set aside on the basis of compromise aforesaid. The petitioner is acquitted of the charge levelled against him. His bail bonds and surety bonds stand discharged.

Consequently, Criminal Revision stands disposed off.

(SUNITA YADAV) JUDGE Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 09-Oct-23 6:14:43 PM