Prahlad vs Sunil
2023 Latest Caselaw 17475 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                             ON THE 18 th OF OCTOBER, 2023
                                          CRIMINAL REVISION No. 2259 of 2023

                          BETWEEN:-
                          PRAHLAD S/O SHRI DASHRATH CHOUHAN, AGED
                          ABOUT 42 YEARS, OCCUPATION: FARMER RESIDENT
                          OF NEAR RAMESH MARTHA PRATAPURA THANA
                          SHIKARPURA   BURHANPUR DISTRICT BURHANPUR
                          (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI AMAAN KHAN - ADVOCATE)

                          AND
                          1.    SUNIL S/O RUPCHAND SHANKHPAL, AGED ABOUT
                                54 YEARS, RESIDENT OF JAINABAD (AHUKHANA)
                                THANA SHIKARPURA BURHANPUR DISTRICT
                                BURHANPUR (MADHYA PRADESH)

                          2.    THE STATE OF MADHYA PRADESH THROUGH
                                COLLECTOR DISTRICT BURHANPUR (MADHYA
                                PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI SOMESH AWASTHI - ADVOCATE)

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

I n this criminal revision filed under section 397/401 of Cr.P.C, the judgment of dismissal of appeal passed on 18.05.2023 in Criminal Appeal No.16/2022 by the I Additional Sessions Judge, Burhanpur. District Burhanpur, (M.P.), has been assailed. In that appeal, the judgment of conviction and sentence passed on 27.12.2021 by the Judicial Magistrate First Class, Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 19-Oct-23 6:54:31 PM

Burhanpur, district Burhanpur, in SCNIA No.168/2016 was challenged, whereby the applicant was convicted under Section 138 of N.I. Act and Sections 357(3) & 359 of Cr.P.C. and sentenced to undergo SI for 1 year and to pay compensation of Rs.3,86,875/- to the complainant and Rs.11,000/- as Court fee.

3. During the pendency of this criminal revision parties filed an applications on 12.07.2023 seeking permission to compound the offence and dispose of the matter on the basis of compromise.

4. This Court on 07.08.2023 directed that the parties shall appear before the Registrar (J-II) for verification of compromise on 09.08.2023 but due to the

absence of complainant on 09.08.2023, the matter was listed on 11.08.2023 for verification. The verification report has been received in which it has been certified that the parties have arrived at a compromise without any threat, inducement or coercion and the compromise is voluntarily.

5. It is noteworthy that in terms of guidelines issued by Hon'ble Supreme Court in Damodardas S. Prabhu Vs . Sayed Babalal H, reported in (2010) 5 SCC 663, the applicant/accused has deposited before M.P. State Legal Service Authority on 09.10.2023 an amount of Rs.37,500/- which is 15% of the cheque amount and the original receipt of the same has been filed in this Court. Therefore, this Court finds no reason to reject the prayer made on behalf of the applicant for compounding of offence while exercising power under Section 147 of the Act.

6. Consequently, compromise application under Section 147 of Negotiable Instruments Act is allowed and the impugned judgment passed by the Judicial Magistrate First Class, Burhanpur, district Burhanpur, regarding conviction and sentence of appellant is set aside. The applicant is accordingly Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 19-Oct-23 6:54:31 PM

acquitted of the charge of Section 138 of Negotiable Instruments Act, as proved against him.

7. Applicant is in custody. He be released forthwith.

8. Accordingly, the criminal revision stands disposed off.

9. Let the copy of this order be sent along with the record of the Courts below for information and necessary compliance.

(ANURADHA SHUKLA) JUDGE DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 19-Oct-23 6:54:31 PM