Somdatt Sharma vs Neeraj Kashyap
2023 Latest Caselaw 17634 MP

                                                               1

                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          BEFORE
                                             HON'BLE SMT. JUSTICE SUNITA YADAV
                                                ON THE 20 th OF OCTOBER, 2023
                                              CRIMINAL REVISION No. 4551 of 2023

                           BETWEEN:-
                           SOMDATT SHARMA S/O SHRI VEDPRAKASH SHARMA
                           CORRECT NAME MUNSHIRAM SHARMA, AGED ABOUT
                           74 YEARS, J 7 SITE NO 1 CITY CENTER GWALIOR
                           (MADHYA PRADESH)

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

                           AND
                           NEERAJ KASHYAP S/O SHRI VEDPRAKASH KASHYAP,
                           AGED ABOUT 40 YEARS, S SHANTI ENCLAVE GOLA KA
                           MANDIR GWALIOR (MADHYA PRADESH)

                                                                                       .....RESPONDENT


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

Heard on I.A. No. 18620 of 2023, an application under Section 5 of Limitation Act.

The application is duly supported by the affidavit. For the reasons mentioned therein, I.A. No. 18620 of 2023 is allowed and the delay in filing this revision is hereby condoned.

The present Criminal Revision under Section 397 read with Section 401 o f Cr.P.C. has been filed against the impugned judgment dated 06.5.2019

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/20/2023 04:48:13 AM

passed by Fourteenth Additional Sessions Judge, Gwalior (M.P.) in Criminal Appeal No.33/2018, affirming the judgment of conviction and order of sentence dated 13.12.2017 passed by Judicial Magistrate First Class, Gwalior, District Gwalior (M.P.) in Criminal Case No.6617/2013 whereby, the petitioner has been convicted under Section 138 of Negotiable Instruments Act for fine of Rs.26,37,117.50/-, with default stipulation.

Heard on I.A. No.19680 of 2023, an application under Section 320 Cr.P.C. and I.A. No. 19682 of 2023, application under Section 320 (6) of CrPC.

The applications are duly supported by affidavits of both the parties.

It is submitted by learned counsel for the petitioner that in this case, the parties have settled the matter amicably, therefore, present applications be allowed on the basis of compromise entered into between the parties and the impugned judgment of conviction and sentence passed by courts below be set aside.

Heard and perused the available record.

In compliance of order dated 11.10.2023, Principal Registrar of this Court verified the factum of compromise arrived at between the parties and gave report to the effect that Respondent Neeraj Kashyap and Petitioner Somdatt Sharma have arrived at compromise voluntarily, without any threat, inducement and coercion.

Consequent upon the above said facts that the petitioner and respondent have amicably resolved the issue, therefore, I.A. Nos.19680 of 2023 and 19682 of 2023 are hereby allowed.

In view of the aforesaid, impugned judgment dated 06.5.2019 passed by Fourteenth Additional Sessions Judge, Gwalior (M.P.) in Criminal Appeal Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/20/2023 04:48:13 AM

No.33/2018 as well as the judgment of conviction and order of sentence dated 13.12.2017 passed by Judicial Magistrate First Class, Gwalior, District Gwalior (M.P.) in Criminal Case No.6617/2013 are hereby quashed.

Petitioner is acquitted of the charge levelled against him. The petitioner is in jail. He be released and set free, if not required in any other case.

Consequently, present Criminal Revision stands disposed of in terms of the compromise arrived at between the parties.

A copy of the order passed today be sent to the trial court for necessary compliance.

(SUNITA YADAV) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/20/2023 04:48:13 AM