Shailesh Shrivastava vs Teh Singh Kirar
2024 Latest Caselaw 4791 MP

Madhya Pradesh High Court

Shailesh Shrivastava vs Teh Singh Kirar on 19 February, 2024

Author: Anand Pathak

Bench: Anand Pathak

                               1
      IN    THE         HIGH COURT OF MADHYA
                            PRADESH
                          AT GWALIOR
                         BEFORE
           HON'BLE SHRI JUSTICE ANAND PATHAK
                ON THE 19 th OF FEBRUARY, 2024
            MISC. CRIMINAL CASE No. 5834 of 2024

BETWEEN:-
SHAILESH SHRIVASTAVA S/O SHRI MAHESH
SHRIVASTAVA, AGED   ABOUT   37 YEARS,
OCCUPATION: BUSINESS BL CHAUDHARY KA
MAKAN CHAKKI WALA BAGICHA MANISHA
DOODH DEYARI KE PASS SHABD PRATAP
ASHRAM VINAY NAGAR SECTOR 2 LASHKAR
GWALIOR MP (MADHYA PRADESH)

                                                          .....APPLICANT
(BY SHRI AWADESH PARASHAR - ADVOACTE )

AND
1.    TEH SINGH KIRAR S/O LATE SHRI
      LAKHARAM KIRAR, AGED ABOUT 45 YEARS,
      BASANT BIHAR COLONY KE SAMNE TCP
      MAKODA PANCHAYAT DISTRICT GWALIOR
      MP (MADHYA PRADESH)

2.    STATE  OF   MADHYA    PRADESH NOT
      MENTION (MADHYA PRADESH)

                                                      .....RESPONDENTS
(BY SHRI ASHOK PAL - ADVOCATE FOR RESPONDENT NO.1)
BY SHRI RAVINDRA DIXIT - GOVT. ADVOCATE FOR RESPONDENT
NO.1/STATE)

      T h is application coming on for admission this day, t h e court
passed the following:
                                ORDER

Petitioner and respondent No.1 are present in person.

1. Present petition is preferred under Section 482 of Cr.P.C. taking exception to order dated 28.06.2023 passed by 15th Additional Sessions Judge, Gwalior whereby appeal preferred by appellant/petitioner was rejected and judgment dated 14.12.2022 passed by JMFC Gwalior was affirmed. By the judgment dated 14.12.2022 petitioner as accused was punished under Section 138 of Negotiable Instruments Act and has directed to pay Rs.1,24,880/- under Section 357(3) of Cr.P.C. and in default of stipulation petitioner had to undergo SI for 20 days. Beside that petitioner was also punished to suffer RI for four months.

2. Counsel for parties submit that they have settled the matter once and for all and complainant fairly submits that he does not want to

prosecute the case further as complainant because purpose of filing the proceedings under Section 138 of N.I. Act is over.

3. Learned counsel for respondent affirmed the fact and submits that he has no objection if the case is settled because he received the due amount from petitioner as accused.

4. In the peculiar fact situation when both the parties intend to settle the matter and out the cheque of Rs.80,000/- petitioner has already compensated the complainant sufficiently, this Court intend to allow the petition exercising its extraordinary jurisdiction under Section 482 of Cr.P.C. Impugned judgments are hereby set aside.

5. Petition stands disposed of.

(ANAND PATHAK)

JUDGE Van

VANDANA VERMA 2024.02.19 18:35:49 +05'30'