Pappu Puri vs Nilesh Nagar
2024 Latest Caselaw 13774 MP

Madhya Pradesh High Court

Pappu Puri vs Nilesh Nagar on 11 May, 2024

                                                            1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                BEFORE LOK ADALAT
                                        HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                         &
                                               SHRI YASHPAL RATHORE
                                                 ON THE 11 th OF MAY, 2024
                                           CRIMINAL REVISION No. 2483 of 2022

                           BETWEEN:-
                           PAPPU PURI S/O BABU PURI GOSWAMI, AGED ABOUT 34
                           YEARS, OCCUPATION: BUSINESS VILLAEG AND POST
                           PATLAWAD (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI AKASH RAHTI - ADVOCATE )

                           AND
                           NILESH NAGAR S/O SUBHASH SINGH NAGAR, AGED
                           ABOUT    31 YEARS, OCCUPATION: AGRICULTURE
                           VILLAGE KHETAKHEDI (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (BY MS. PRAGATI BAJARE - ADVOCATE )

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

This revision has been filed under Section 397 r/w Section 401 of the Cr.P.C being aggrieved by the judgment and order dated 18.05.2022 passed by learned First Additional Sessions Judge, Dewas, (M.P) in Criminal Appeal No.169/2019 whereby the learned Appellate Court has affirmed the conviction of applicant imposed by learned Judicial Magistrate First Class, Dist. Dewas vide judgment and order dated 21.06.2019 passed in RCT No.130/2016.

A verification report of compromise between the parties is submitted on

03.04.2024 wherein the both the parties have arrived at compromise voluntarily without undue influence, pressure, force, duress or coercion over the parties. Hence, prayed that the petitioner be acquitted from the charge under Section 138 of Negotiable Instruments Act,1881 on the basis of the compromise filed on behalf of the parties.

Learned counsel for the respondent submits that the dispute has been settled amicably and she has no objection if applicant is acquitted from the charge under Section 138 of Negotiable Instruments Act, 1881.

Accordingly, compromise is allowed and the conviction of the appellant/accused under Section 138 of Negotiable Instruments Act, 1881 vide

judgment dated 21.06.2019 passed by the JMFC, Dewas in RCT No.130/2016 and affirmed by First Additional Sessions Judge, Dewas in Criminal Appeal No.169/2019 vide judgment dated 18.05.2022 is setaside and the applicant/accused is acquitted from Section 138 of Negotiable Instruments Act, 1881.

Considering the specific facts and circumstances of the case, compounding cost of 15% of cheque amount is waived. With the aforesaid, the surety is discharged.

                             (JUSTICE GAJENDRA SINGH)                             (YASHPAL RATHORE)
                                   MEMBER                                             MEMBER
                           akanksha