Smt. Shobha Pandey vs Sandeep Jain
2024 Latest Caselaw 4798 MP

Madhya Pradesh High Court

Smt. Shobha Pandey vs Sandeep Jain on 19 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                       BEFORE
                                          HON'BLE SMT. JUSTICE SUNITA YADAV
                                               ON THE 19 th OF FEBRUARY, 2024
                                             CRIMINAL REVISION No. 788 of 2024

                           BETWEEN:-
                           SMT. SHOBHA PANDEY W/O SHRI BRAJESH PANDEY,
                           AGED ABOUT 57 YEARS, KADAM SAHAB KI GOTH
                           KAKKAD HOSPITAL KE PASS, JANAKGANJ LASHKAR
                           GWALIOR M.P. (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (BY MS. AAKANKSHA DHAKAD - ADVOCATE)

                           AND
                           SANDEEP JAIN S/O SHRI DHANNA LAL JAIN, AGED
                           ABOUT 47 YEARS, MADHOGANJ THANE KE PASS,
                           HEERE KHA KA BADA LASHKAR GWALIOR M.P.
                           (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI PAWAN NAGORI - ADVOCATE)

                                 Th is revision coming on for hearing this day, th e court passed the
                           following:
                                                               ORDER

The present Criminal Revision under Section 397 read with Section 401 o f Cr.P.C. has been filed against the impugned judgment dated 03.11.2023 passed by Seventh Additional Sessions Judge, Gwalior (M.P.) in Criminal Appeal No.401/2023 affirming the judgment of conviction a n d order of sentence dated 14.07.2023 passed by Judicial Magistrate First Class, Gwalior, District Gwalior (M.P.) in Criminal Case No.1842/2017 whereby, the petitioner has been convicted under Section 138 of Negotiable Instruments Act for fine of Rs.3,25,000/-, with default stipulation.

It is submitted by learned counsel for the petitioner that in this case, the parties have settled the matter amicably, therefore, present revision 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.

The respondent is present in person before this Court and submitted that matter has been amicably resolved between the parties.

In view of the aforesaid, impugned judgment dated 03.11.2023 passed by Seventh Additional Sessions Judge, Gwalior (M.P.) in Criminal Appeal No.401/2023 as well as the judgment of conviction and order of sentence dated

14.07.2023 passed by Judicial Magistrate First Class, Gwalior, District Gwalior (M.P.) in Criminal Case No.1842/2017 are hereby quashed.

Petitioner is acquitted of the charge levelled against her. The petitioner is in jail. She 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 vpn