Sudheer Choubey vs Anand Raikwar
2023 Latest Caselaw 14848 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                              BEFORE LOK ADALAT
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                       &
                                      SHRI ADITYA ADHIKARI, SR. ADVOCATE
                                             ON THE 9 th OF SEPTEMBER, 2023
                                           CRIMINAL REVISION No. 2360 of 2023

                          BETWEEN:-
                          SUDHEER CHOUBEY S/O SUNIL CHOUBEY, AGED
                          ABOUT 32 YEARS, R/O GOUTAM NAGAR MAHARAJPUR
                          PS ADHARTAL DISTRICT JABALPUR (MADHYA
                          PRADESH)

                                                                                        .....PETITIONER
                          (PETITIONER IN PERSON ALONG WITH SHRI SUNIL TIWARI-ADVOCATE)

                          AND
                          ANAND RAIKWAR S/O RAMMILAN RAIKWAR, AGED
                          ABOUT 55 YEARS, R/O BHAWAN NO 72470 PANCHAYATI
                          KUA GOKALPUR P.S. RANJHI DISTRICT JABALPUR
                          (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (RESPONDENT IN PERSON ALONG WITH MS. MADHU RANU-ADVOCATE )

                                This revision coming on for conciliation this day, the Bench passed the

                          following:
                                                              ORDER

Learned counsel for the parties have submitted that parties have amicably settled their dispute and have filed an application under Section 147 of the Negotiable Instruments Act for compounding the offence.

There are no reasons to disbelieve the application under Section 147 of the Negotiable Instruments Act filed by the parties.

Applicant/accused, as per the direction are directed to deposit 7% of the Signature Not Verified Signed by: SWETA SAHU Signing time: 9/11/2023 11:11:54 AM

cheque amount before the Legal Service Committee, High Court today itself following the guidelines issued by Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H.(2010) 5 SCC 663.

Later on :

Learned counsel for the applicant has filed receipt issued by High Court Legal Services Committee, Jabalpur displaying that an amount of Rs.1,05,000/- has been deposited in compliance of the guidelines issued by Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H, reported in (2010) 5 SCC 663.

Heard on I.A No.21548/2023, an application for compromise filed under

Section 147 of the Negotiable Instruments Act.

As the parties have entered into compromise, there are no reasons to decline the compromise, therefore, compromise application is allowed.

Consequently, judgment of conviction and order of sentence and compensation passed in SCNIA/1469/2017 (Anand Raikwar vs. Sudhir Choubey) dtd. 06.09.2022 by the Court of JMFC, Jabalpur convicting the applicant/accused for commission of offence under Section 138 of Negotiable Instruments Act and affirmed by ASJ, Jabalpur in Cr. Appeal No.28/2023 dtd.25.04.2023 are set aside.

Applicant Sudheer Choubey in light of the compromise is acquitted for commission of offence under Section 138 of Negotiable Instrument Act.

The criminal revision is disposed of accordingly. C.C. as per rules.

                            (DINESH KUMAR PALIWAL)                                  (ADITYA ADHIKARI)
                                    MEMBER                                              MEMBER
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 9/11/2023
11:11:54 AM

                          ss




Signature Not Verified
Signed by: SWETA SAHU
Signing time: 9/11/2023
11:11:54 AM