[Cites 5, Cited by 0]
Madhya Pradesh High Court
Suman Kukreja vs M/S Vikas Transport Through Its ... on 19 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND: 37535
1 CRR. No. 3924 of 2025 & 2 others
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 19th OF DECEMBER, 2025
CRIMINAL REVISION No. 3924 of 2025
SUMAN KUKREJA
Versus
M/S LALIT TRANSPORT THROUGH MR LALIT TORANI
DECEASED THROUGH LR MR RAMESH TORANI
Appearance:
Shri Vijay Kumar Asudani - Advocate for the petitioner.
Shri Pankaj Soni - Advocate for the respondent [R-1].
WITH
CRIMINAL REVISION No. 3922 of 2025
SUMAN KUKREJA
Versus
M/S VIKAS TRANSPORT THROUGH ITS PROPRIETOR MR.
VIKAS TORANI
Appearance:
Shri Vijay Kumar Asudani - Advocate for the petitioner.
Shri Pankaj Soni - Advocate for the respondent [R-1].
CRIMINAL REVISION No. 3923 of 2025
ARJUN KUKREJA
Versus
M/S VIKAS TRANSPORT THROUGH PROPRIETOR MR. VIKAS
TORANI
Appearance:
Shri Vijay Kumar Asudani - Advocate for the petitioner.
Shri Pankaj Soni - Advocate for the respondent [R-1].
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Reserved on : 19.11.2025
Pronounced on : 19.12.2025
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Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 19-12-2025
16:17:22
NEUTRAL CITATION NO. 2025:MPHC-IND: 37535
2 CRR. No. 3924 of 2025 & 2 others
ORDER
Regard being had to the similitude in the controversy involved
in these criminal revisions, therefore, these criminal revisions were
analogously heard and are being disposed off by this common order.
2. All these criminal revisions have been filed being aggrieved by
the order dated 21.07.2025 in CRA No.23/23 arising out of judgment
dated 28.12.2022 in SCNIA No.6404890/2002 by JMFC, Indore, in
CRA No.22/23 arising out of judgment dated 28.12.2025 in SCNIA
No.6404889/2002 by JMFC, Indore and in CRA No.24/23 arising
out of judgment dated 28.12.2025 in SCNIA No.6404954/2002 by
JMFC, Indore passed by learned Twentieth Additional Sessions
Judge, Indore.
3. The facts of the case are that the revision petitioner was
convicted and sentenced under Section 138 of the N.I. Act, 1881 in
cases that were instituted on the complaint of respondent.
4. These revision petitioners preferred the appeal and during the
appeal an application under Section 147 r/w Section 143 of the N.I.
Act, 1881 was preferred for allowing the compounding of offence
proposing that in addition to the cheque amount he is ready and
willing to pay 20% of the cheque amount. They referred the Apex
Court's judgment in the cases of Damodar S. Prabhu vs. Sayyed
Babulal reported in (2010) 5 SCC 663, M.P. State Legal Services
Authority vs. Prateek Jain reported in (2014) 10 SCC 690 and
Meters and Instruments Pvt. Ltd vs. Kanchan Mehta reported in
(2018) 1 SCC 560. The applications were opposed by the
complainant/ respondent by filing the reply (Annexure - M) on the
ground that the matter has been pending for more than 22 years and
revision petitioners have over the course of litigation, consistently
NEUTRAL CITATION NO. 2025:MPHC-IND: 37535
delayed the resolution in these matters, such deliberate delay should
not be condoned. The deliberate actions of the revision petitioners
are consistent with an intention to minimize the liability to the
respondent particularly by attempting to reduce the interest owed to
the respondent. Such tactics demonstrate a lack of bona fide
intention to settle the matter fairly and expeditiously.
5. The trial Court recorded the finding that revision petitioners/
appellants have proposed to oppose a little part of the amount in
compliance of the order of trial Court. (In CRR No.3923/2025) an
amount of Rs.10,30,442/- was proposed against the order of
Rs.20,70,092/-.
6. Challenging the order of the Appellate Court, these revision
petitions have been preferred.
Heard.
7. Counsel for the respondent/complainant has opposed these
revision petitions.
8. Perused the record.
9. In Re: Expeditious Trial of Cases Under Section 138 Of N.I.
Act, 1881 reported LiveLaw 2021 SC 217: (2021) SCC Online SC
325 in the Constitution Bench has held in para 24(7) as below:-
"Section 258 of the Code is not applicable to complaints under
Section 138 of the Act and findings to the contrary in Meters and
Instruments (supra) do not lay down correct law. To conclusively
deal with this aspect, amendment to the Act empowering the Trial
Courts to reconsider/recall summons in respect of complaints under
Section 138 shall be considered by the Committee constituted by an
order of this Court dated 10.03.2021."
NEUTRAL CITATION NO. 2025:MPHC-IND: 37535
10. Accordingly, the proceedings under Section 138 of N.I. Act,
1881 cannot be closed without the consent of the complainant on the
strength of Section 147 r/w Section 143 of the N.I. Act, 1881. When
the respondent/complainant has not consented to the compounding
of the offence then in the light of the Re: Expeditious Trial of Cases
Under Section 138 Of N.I. Act, 1881, the Appellate Court was
within the jurisdiction in dismissing the application of the revision
petitioners; therefore, there is no illegality in the impugned orders.
The impugned orders are just and proper and no case for interference
is made out.
11. In view of above, all these criminal revisions stand dismissed.
12. Let signed copy of this order be retained in Criminal Revision
No.3924 of 2025 and photocopy of the same be kept in the record of
CRR No.3922/2025 and CRR No.3923/2025.
(GAJENDRA SINGH)
JUDGE
Vatan
