Ramiz Beg@Tipu vs Jahid Shah
2023 Latest Caselaw 17271 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 16 th OF OCTOBER, 2023
                                             CRIMINAL REVISION No. 954 of 2015

                           BETWEEN:-
                           RAMIZ BEG@TIPU S/O SHAKIR MEV, AGED ABOUT 27
                           Y E A R S , OCCUPATION: BUSINESS BEHIND JAIN
                           TEMPLE, NAYAPURA ROAD, MANDSAUR (MADHYA
                           PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI KHUSHIYAL MALYA, ADVOCATE)

                           AND
                           JAHID SHAH S/O MUBARIK SHAH, AGED ABOUT 20
                           YEARS, OCCUPATION: BUSINESS NEAR MEENA MATA
                           TEMPLE, NAYAPURA ROAD, MANDSAUR (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI AKSHAT PAHADIA, ADVOCATE)

                                 T h is revision coming on for orders this day, t h e cou rt passed the
                           following:
                                                               ORDER

Bo th the parties have filed a joint application i.e. I.A.No.14265/2023 under Section 320 of the Cr.P.C., which is well supported by an affidavit of applicant and respondent Jahid Shah.

2. Learned counsel for the parties submit that they have amicably entered into compromise without any undue influence, pressure, force, duress or coercion. Offence under Section 138 of N.I. Act is compoundable offence, therefore, the impugned judgment/order passed by both the Courts below be set aside and the petitioner may be acquitted from all the charges. Signature Not Verified Signed by: VARSHA SINGH Signing time: 17-10-2023 10:32:18

3. The offence registered against the petitioner is compoundable, therefore, I.A.No.14265/2023 is allowed and consequently, criminal revision stands disposed off.

4. On the basis of compromise, impugned judgment dated 31.12.2014 passed by Judicial Magistrate First Class, Mandsaur (M.P.) in Criminal Case No.2549/2013 and order dated 29.07.2015 passed by Additional Sessions Judge, Mandsaur (M.P. in Criminal Appeal No.12/2015 is hereby set aside and petitioner/accused Ramiz Beg is acquitted from the charge under section 138 of the N.I. Act.

5. Trial Court is directed to release the deposited amount in favour of the

respondent Jahid Shah after acquisition of his identity, as per the rules.

6. Let the record of the both the courts below be returned with the copy of this order.

Certified copy as per rules.

(ANIL VERMA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 17-10-2023 10:32:18