Ashutosh vs Gajendra Singh
2024 Latest Caselaw 6426 MP

Madhya Pradesh High Court

Ashutosh vs Gajendra Singh on 1 March, 2024

Author: Anil Verma

Bench: Anil Verma

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA
                                                  ON THE 1 st OF MARCH, 2024
                                            CRIMINAL REVISION No. 1608 of 2023

                           BETWEEN:-
                           ASHUTOSH S/O SURYANARAYAN VYAS, AGED ABOUT 45
                           YEARS, OCCUPATION: BUSINESS R/O 6 ROYAL GALARY
                           BUILDING PLOT NO. 22-30 NEAR SAYAJI HOTEL
                           SCHEME NO. 54 INDORE (MADHYA PRADESH)

                                                                                               .....PETITIONER
                           ( NONE FOR THE PETITIONER )

                           AND
                           GAJENDRA SINGH S/O DATAR SINGH, AGED ABOUT 44
                           YEAR S , OCCUPATION: PROPERTY DEALER R/O 141
                           DEENDAYAL NAGAR RATLAM (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           ( BY SHRI GAURAV PANCHAL - ADVOCATE )

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

The petitioner has filed present revision under section 397 read with section 401 of Cr.P.C against the impugned judgment dated 06/04/2023 passed by the Sessions Judge, Ratlam in Criminal Appeal no. 223/2022 by upholding the judgment dated 02/12/2022 passed by JMFC, Ratlam in Criminal Case no. 422/2014, whereby the petitioner/accused has been convicted under section 138 of Negotiable Instruments Act, 1981 ( hereinafter referred to "N.I. Act") and sentenced to undergo six months R.I with the direction to pay compensation of Rs. 3,98,200/- to the complainant with usual default stipulation.

2/ During pendancy of this revision, both the parties have filed joint compromise petition (IA no. 2154/2024) for compromise. The factum of compromise has been duly verified by the Principal Registrar of this Court on 26/02/2024 and as per his report, both the parties are competent to compromise the matter having entered into compromise with their sweet-will, without undue influence, pressure, force, duress or coercion 3/ Learned counsel for the petitioner submits that since the matter has been compromise between both the parties, therefore, the impugned judgment passed by both the Courts below be set aside and the petitioner/accused be acquitted from the offence.

4/ The alleged offence is compoundable, therefore, in view of the compromise arrived at between both the parties, present revision is allowed and the impugned judgment dated 06/04/2023 passed by the Sessions Judge, Ratlam in Criminal Appeal no. 223/2022 as well as the judgment dated 02/12/2022 passed by JMFC, Ratlam in Criminal Case no. 422/2014 are hereby set aside and the petitioner is acquitted from the offence under section 138 of N.I. Act.

5/ In view of the compromise between both the parties, the trial Court is directed to release the amount of compensation of Rs. 2,12,500/- deposited by the petitioner, in favour of the complainant.

6/ Present revision stands disposed of accordingly. CC as per rules.

(ANIL VERMA) JUDGE amol