Madhya Pradesh High Court
Dinesh Kumar Malviya vs Akhilesh Bajpeyi on 7 August, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:37119
1 CRR-2495-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 7 th OF AUGUST, 2025
CRIMINAL REVISION No. 2495 of 2025
DINESH KUMAR MALVIYA
Versus
AKHILESH BAJPEYI
Appearance:
Shri Prakhar Naveriya - Advocate for the applicant.
Respondent in person.
ORDER
This criminal revision under section 397/401 of the Code of Criminal
Procedure, 1973 (Section 438/442 of the Bhartiya Nagrik Suraksha Sanhita, 2023)
has been filed by the applicant/accused assailing the appeal judgment dated
09.05.2025 passed byIInd Additional Sessions Judge, District Bhopal (MP) in
Cr.A. No.99/2025 (Dinesh Kumar Malviya Vs. Akhilesh Bajpeyi ) for commission
of offence under Section 138 of Negotiable Instruments Act (in short 'the Act'),
whereby judgment of conviction and order of sentence dated 24.1.2025 passed in
SC-NIA-5963/2020 (Akhilesh Bajpayi Vs. Dinesh Kumar Malviya ) by Judicial
Magistrate First Class, Bhopal, District Bhopal (MP) has been affirmed and the
appeal preferred by the applicant/accused has been dismissed.
2. In brief, the facts of the case as emerged from the record are that
applicant/accused issued a cheque No.684956 of Rs.3,00,000/- on 22.10.2018 to
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the complainant/respondent for self need. When the cheque was presented in the
bank, it stood dishonored. Applicant/accused failed to make the payment despite
service of notice within time. Respondent/complainant filed a complaint before the
Court of JMFC, Bhopal for commission of offence under Section 138 of the Act.
3. Learned trial Court on the basis of material produced on record by the parties
vide judgment dated 24.1.2025 held the applicant/accused guilty for commission
of offence under Section 138 of the Negotiable Instruments Act, 1881 and
applicant was sentenced to undergo SI for six months and was directed to pay an
amount of Rs.4,68,900/- as compensation under Section 357(3) of Cr.P.C. In
default of payment of compensation amount, he was directed to undergo further SI
for two months.
4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction
recorded by the learned JMFC, Jabalpur, applicant/accused preferred an appeal
before the Court of Sessions. Learned IInd Additional Sessions Judge, Jabalpur
dismissed the same by the impugned judgment dated 09.05.2025 and affirmed the
judgment of conviction and order of sentence passed by learned JMFC.
5. Before this Court, parties filed a compromise application praying therein to
compound the offence and as such, this Court while exercising power under
Section 147 of the Act, may compound the offence and acquit the accused.
Learned counsel for the parties appeared before this Court and have submitted that
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they have amicably settled their dispute. Learned counsel for the applicant/accused
and respondent/complainant were directed to remain present before the Registrar
(J-II) of this Court for verification of compromise. Registrar (J-II) after recording
statement of respondent/complainant Akhilesh Bajpeyi has submitted its
verification report wherein respondent/complainant Akhilesh Bajpeyi has
categorically stated that Rs.4,68,000/- towards full and final settlement and he has
entered into compromise voluntarily without any force, compulsion, duress,
inducement or threat with the applicant/accused and as such, as per the report,
parties have entered into compromise on their own free will and
volition. Therefore, compromise appears to be genuine. Even before this Court, it
has been admitted by learned counsel for the complainant/respondent that
complainant/respondent has entered into compromise with the applicant/accused
without any external pressure. Therefore, he has no objection in compounding of
the offence.
6. Under Section 147 of the Negotiable Instruments Act, every offence
punishable under that Act has been made compoundable.
7. It is also noteworthy that in terms of guidelines issued by Hon'ble Supreme
Court in Damodardas S. Prabhu Vs. Sayed Babalal H, reported in (2010) 5
SCC 663 , applicant/accused has deposited Rs.30,000/- i.e. 10% of the cheque
amount before M.P. State Legal Services Authority on 07/08/2025 and receipt of
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the same has been furnished in the Court. In that case, it has been categorically
held that Court while exercising powers under Section 147 of the Act, can proceed
to compound the offence even after recording of conviction by the Courts below.
8. Therefore, having taken into consideration the fact that parties have
amicably settled their dispute, this Court see no obstruction in allowing the prayer
made on behalf of the applicant/accused for compounding of offence while
exercising power under Section 147 of the Act.
9. In view of the above, compromise application (I.A. No.19012/2025) under
Section 147 of Negotiable Instruments Act, is allowed and impugned judgment of
conviction and order of sentence dated 09.5.2025 passed by learned
2nd Additional Sessions Judge, Bhopal in Criminal Appeal No.99/2025 affirming
the impugned judgment of conviction and order of sentence dated 24.1.2025
passed by learned Judicial Magistrate First Class in SC-NIA-5963/2020 are
quashed and as such, judgment of conviction and order of sentence recorded by the
Courts below are set aside. Consequently, this revision petition stands allowed.
10. Applicant/accused Dinesh Kumar Malviya is acquitted of the offence under
Section 138 of the Act.
11. Registry/Trial Court is directed to prepare super-session warrant/release
warrant and to sent the same to the Superintendent of jail/Jail authorities
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concerned with a direction that if applicant/accused is not required in any other
case, he be released in this case forthwith.
12. Learned Trial Court is directed to ensure the aforesaid compliance.
13. Let the records of the Trial Court as well as Appellate Court alongwith copy
of this order be sent down to the Courts concerned through Sessions Judge, Bhopal
(MP) for information and necessary compliance.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
