Santosh Sen vs Shakuntala
2024 Latest Caselaw 15188 MP

Madhya Pradesh High Court

Santosh Sen vs Shakuntala on 21 May, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                            1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                                 ON THE 21 st OF MAY, 2024
                                          CRIMINAL REVISION No. 2190 of 2024

                         BETWEEN:-
                         SANTOSH SEN S/O SHRIRAMDYAL SEN, AGED ABOUT
                         43       YEARS, OCCUPATION:   ADVOCATE  R/O
                         VHISWAVIDHYALAY PARISAR HOSPITAL KE PASS,
                         CIVIL LINES, SAGAR (MADHYA PRADESH)

                                                                                        .....PETITIONER
                         (BY MS. GAYATRI LADHIYA - ADVOCATE)

                         AND
                         SHAKUNTALA W/O DR. ARVIND VERMA, AGED ABOUT
                         74 YEARS, RESIDENT OF 10 VAISHALI NAGAR, DAMOH,
                         DISTRICT DAMOH (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                         (RBY SHRI RAJESH KUMAR NEMA - ADVOCATE)

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

Petitioner Santosh Sen present in person.

2. I.A.No.11453 of 2024 is an application whereby petitioner intents to bring additional fact on record.

3. According to learned counsel for the petitioner matter pertains under Section 138 of Negotiable Instrument Act. During the pendency of revision, both the parties entered into settlement and petitioner has paid all the dues to respondent as per the judgment dated 05/11/2022 passed by Judicial Magistrate First Class Damoh in Case No.CNR-MP-3401004163-2018 and later on,

affirmed by the judgment dated 29/04/2024 passed by VIII Additional Sessions Judge, Damoh in Criminal Appeal No.106 of 2022.

4. By the said judgments, petitioner as accused was convicted and awarded sentence for payment of cheque amount i.e. Rs.2,50,000/- along with interest and compensation collectively as Rs.1,10,000/-. In default stipulation, petitioner had to suffer six months of simple imprisonment. Since petitioner paid all the dues amount to the complainant/respondent, therefore, purpose of litigation is over and matter be disposed of accordingly by setting aside the conviction/sentence.

5. Learned counsel for the respondent affirmed the facts as narrated by the

petitioner. He fairly submits that dues amount has already been paid by the petitioner as imposed by the Court below. He has no objection if the revision petition of petitioner is allowed.

6 . Considering the submissions and recording the presence of petitioner Santosh Sen before this Court and perusal of application and documents annexed therein, it appears that petitioner has already paid the dues amount to the respondent. Not only principle sum but interest has also been paid. Proceeding under Section 138 of Negotiable Instrument Act is quasi civil and quasi criminal and purpose of litigation is over. Therefore, without entering into the merits of the case, looking to the nature of dispute and settlement reached between the parties, revision petition is hereby allowed.

7. Resultantly, criminal revision is allowed. The impugned judgement dated 05/11/2022 passed by Judicial Magistrate First Class Damoh and the judgment dated 29/04/2024 passed by VIII Additional Sessions Judge, Damoh are hereby set aside. The petitioner is set free from the conviction/sentence as recorded against him.

(ANAND PATHAK) JUDGE mc