Sheikh Rafiq vs Shakil
2024 Latest Caselaw 21514 MP

Madhya Pradesh High Court

Sheikh Rafiq vs Shakil on 7 August, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                             1                           CRR-1019-2013
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                  ON THE 7 th OF AUGUST, 2024
                                             CRIMINAL REVISION No. 1019 of 2013
                                                          SHEIKH RAFIQ
                                                              Versus
                                                             SHAKIL
                          Appearance:
                                  Shri Sapnesh Kumar Jain, counsel for the petitioner.

                                  Shri Vikas Yadav, learned counsel for the Respondent [R-1].

                                                               ORDER

With consent of the parties heard finally.

This criminal revision under Section 397/401 of Cr.P.C. has been filed by the petitioner being aggrieved by the judgment dated 10.09.2013, passed by the Sessions Judge, Dewas, in Cr.A.No.38/2013, modifying the judgment dated 31.01.2013, passed by learned Judicial Magistrate First Class, in criminal case No.873/2008 whereby the petitioner has been convicted for

offence under Sections 138 of N.I. Act 1881 and sentenced for three months R.I. with compensation of Rs.2,25,000/- with default stipulations.

2. The petitioner has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioner did not press this revision on merit and nor assailed the finding part of judgment. He confines his argument on the point of sentence only and

2 CRR-1019-2013 prays that since the petitioner has already undergone approximately 15 days in jail incarceration. It is further submitted that the petitioner deserves some leniency as he has already suffered the ordeal of the trial since 2008 i.e. for a period of 16 years. It is further submitted that the petitioner and complainant has already compromised the case and the same has already been verified by Principal Registrar of this Court on 06.08.2024. Hence, prays for acquittal of the petitioner on the basis of compromise.

3. Learned counsel for the respondent has not opposed the prayer and submitted that the he has already compromised the case with the applicant and the compromise has also been verified by Principal Registrar of this Court.

4 . Having considered the rival submissions and on perusal of the

record, the submission of the learned counsel for the petitioner appears to be just and proper.

5. Considering the fact that the parties have amicably settled their dispute and have entered into compromise before this Court and the same has already been verified by Principal Registrar of this Court, the applicant shall be treated as acquitted from the charges under Section 138 of N.I. Act on the basis of compromise arrived between the parties in terms of the application I.A. NO.12259/2024.

6. So far as the fine amount is concerned, the petitioner shall deposit of cost of 03% of the cheque amount in view of the law laid down by the apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in (2010) 5 SCC 663 will be applicable in this case. Hence, the applicant is

3 CRR-1019-2013 liable to pay 3% of the cheque amount i.e. Rs.6000/- by way of cost to be deposited with the "State Legal Services Authority" Indore.

7. Subject to payment of cost at the rate of 3% of the cheque amount with the "State Legal Services Authority" Indore, within a period of 15 days from today, the petition is allowed and as a result, the applicant would be acquitted.

8. In case of failure to deposit of the said amount before the State Legal Services Authority, the petitioner shall undergo the original sentence and compensation as awarded by learned trial Court

9.With the aforesaid, revision stands disposed of. Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE

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