Kripal Singh vs Balkrishan Rajak
2025 Latest Caselaw 5319 MP

Citation : 2025 Latest Caselaw 5319 MP
Judgement Date : 8 March, 2025

Madhya Pradesh High Court

Kripal Singh vs Balkrishan Rajak on 8 March, 2025

Author: Anand Pathak

Bench: Anand Pathak

         NEUTRAL CITATION NO. 2025:MPHC-GWL:5554




                                                                1                              MCRC-11287-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                  BEFORE LOK ADALAT
                                           HON'BLE SHRI JUSTICE ANAND PATHAK
                                                            &
                                             HARISH DIXIT, SENIOR ADVOCATE
                                                    ON THE 8 th OF MARCH, 2025
                                            MISC. CRIMINAL CASE No. 11287 of 2025
                                                          KRIPAL SINGH
                                                              Versus
                                                        BALKRISHAN RAJAK
                           Appearance:
                              Shri Khitiz Sharma and Shri Amit Swami - Advocates for petitioner.
                              Shri Pushpendra Singh - Advocate for respondent.

                                                                    ORDER

Petitioner and respondent are present in person.

2. Present petition under Section 528 of BNSS is preferred by the petitioner being crestfallen by the judgment of conviction and order of sentence dated 20.12.2024 passed by XIth District and Additional Sessions Judge, Gwalior in Cr.A. No. 471 of 2024, whereby, the judgment of conviction and order of sentence dated 19.09.2024 passed by Judicial

Magistrate First Class, Gwalior in Criminal Case No. 7003289 of 2016 is confirmed, by which the petitioner has been convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo RI for six months and he has been directed to pay compensation to the tune of Rs.8,68,000/- to the complainant with default stipulation.

3. At the outset, learned counsel for the petitioner informs this Court

NEUTRAL CITATION NO. 2025:MPHC-GWL:5554

2 MCRC-11287-2025 that the matter pertains to Section 138 of The Negotiable Instruments Act and cheque amount with compensation amount has been paid by the petitioners to the respondent/complainant out of the Court which is evident from application filed by the complainant vide I.A. No. 5539 of 2025.

4. Counsel for the petitioners further informs this Court that taking exception to order passed by the trial Court 20% amount is required to be deposited while challenging the said order before the appellate Court and hence appellant has deposited Rs. 73,750/- and that amount is to be refunded.

5. Aforesaid fact is duly endorsed by the counsel for the respondent as well as respondent himself. It is also submitted that respondent has no objection if the petition filed by the petitioner is allowed.

6. Heard learned counsel for the parties and perused the documents.

7. Considering the aforesaid submissions and the fact that both the parties have settled their dispute by way of compromise out of the Court, present petition stands allowed and disposed of in terms of the settlement, impugned judgment of conviction and order of sentence passed by the trial Court as well as Appellate Court are hereby set aside/modified to the extent of settlement arrived at between the parties. It is made clear that the amount which was deposited as pre-requisite i.e. RS.73,750/- while filing appeal be refunded back to the petitioner/accused after due verification.

Petition stands disposed of.

(ANAND PATHAK) (HARISH DIXIT)

NEUTRAL CITATION NO. 2025:MPHC-GWL:5554

3 MCRC-11287-2025 MEMBER MEMBER (LJ*)