Sanjay Verma vs Lrs Smt. Nirmla Jha
2024 Latest Caselaw 28103 MP

Madhya Pradesh High Court

Sanjay Verma vs Lrs Smt. Nirmla Jha on 4 October, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

         NEUTRAL CITATION NO. 2024:MPHC-GWL:17590




                                                              1                               CRR-535-2017
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                          BEFORE
                                            HON'BLE SMT. JUSTICE SUNITA YADAV
                                                 ON THE 4 th OF OCTOBER, 2024
                                              CRIMINAL REVISION No. 535 of 2017
                                                      SANJAY VERMA
                                                          Versus
                                             LRS SMT. NIRMLA JHA AND OTHERS
                          Appearance:
                                Shri Prasum Kumar Maheshwri - Advocate for the petitioner.
                                Shri Mayank Kumar Sharma - Advocate for legal heirs No.1 Nirmala Jha

                          and No.2 Gopal Jha of respondent/deceased Late Shri Rajendra Jha.

                                                               ORDER

This criminal revision under Section 397/401 of Cr.P.C. has been filed by the petitioner against the judgment dated 25.05.2017 passed by the Fourteenth Additional Sessions Judge, Gwalior in Criminal Appeal No.235/2016, whereby the judgment of conviction and order of sentence dated 15.03.2016 passed by JMFC, Gwalior in Case No.9435/2014 convicting the petitioner for offence under Section 138 of Negotiable Instruments Act and sentencing him to undergo six months SI with fine of Rs.9,45,000/- with default stipulation.

During pendency of this Criminal Revision, the petitioner and the legal heirs No.1 and No.2 of respondent/deceased late Shri Rajendra Jha have jointly filed an application (I.A.No.18410/2024) seeking permission of this Court to dispose of the matter on the basis of compromise. In support of aforesaid application, affidavits have also been filed on behalf of petitioner and the legal heirs No.1 and No.2 of respondent/deceased late Shri Rajendra Jha. Counsel for both the parties submit that both the parties have entered into compromise

NEUTRAL CITATION NO. 2024:MPHC-GWL:17590

2 CRR-535-2017 according to their own volition and without there being any pressure.

On 20.09.2024, the parties were directed to appear before the Principal Registrar of this Court for verification of factum of compromise. In compliance of the said order, the Registry has filed its report.

Consequent upon the above said facts and that the petitioner and the legal heirs No.1 and No.2 of respondent/deceased late Shri Rajendra Jha have amicably resolved the issue and the offence being compoundable with the permission of the Court, this Court allows the application.

In view of the above, I.A.No.18410/2024 is disposed of . Consequently, the judgment of conviction and order of sentence dated 25.05.2017 passed by Fourteenth Additional Sessions Judge, Gwalior in Criminal Appeal No.235/2016, affirming the judgment of conviction and order of sentence

dated 15.03.2016 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No.9435/2014 are hereby quashed.

The petitioner is acquitted of the charge levelled against him on the basis of compromise. If the petitioner is in jail then he shall be released forthwith and if he is on bail then bail bonds are furnished by him shall stand discharged.

Consequently, the criminal revision stands disposed of . Certified copy as per rules.

(SUNITA YADAV) JUDGE

AK/-