Rinku @ Mahesh Varma vs Mohit
2025 Latest Caselaw 5321 MP

Madhya Pradesh High Court

Rinku @ Mahesh Varma vs Mohit on 8 March, 2025

Author: Anand Pathak

Bench: Anand Pathak

           NEUTRAL CITATION NO. 2025:MPHC-GWL:5659




                                                              1                          MCRC-11250-2025
                             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. 11250 of 2025
                                                  RINKU @ MAHESH VARMA
                                                          Versus
                                                          MOHIT
                          Appearance:
                            Shri H.S.Chauhan - Advocate with the petitioner.
                            Shri Anshu Gupta - Advocate with the respondent.

                                                                  ORDER

1. The present petition is preferred under Section 482 of Cr.P.C. for setting aside the judgment dated 28.06.2024 passed by the Additional Judge, Guna, M.P. to the court of Additional Sessions Judge Chachoda in Criminal Appeal No.03/2021 confirming the judgment dt.25.03.2021 passed by the JMFC Guna, M.P. in SC NIA No.75/2017 on the basis of the compromise.

2. It is submitted by the learned counsel for the petitioner that earlier

vide judgment dt.25.03.2021, learned Trial Court convicted the petitioner under Section 138 of Negotiable Instrument Act and sentenced to undergo RI for two years and to pay compensation to the tune of Rs.3,94,000/- with default stipulations. Thereafter, in Criminal Appeal No.03/2021, learned appellate court confirmed the aforesaid judgment of the learned trial court vide judgment dated 28.06.2024. Later on, against the aforesaid judgment

NEUTRAL CITATION NO. 2025:MPHC-GWL:5659

2 MCRC-11250-2025 dt.28.06.2024, Criminal Revision No.3808/2024 was preferred and the same got dismissed vide order dt.10.02.2025. However, thereafter, present petition has been filed because settlement has reached between the parties and both the parties intend to settle the matter once for all. I.A.No.5520/2025 has also been filed in this regard.

3. Respondent - Mohit Shrimal specifically submits that he is ready to settle the matter because Rs.2,98,000/- has already been deposited with the trial Court and remaining amount has been received by him.

4. Considering the peculiar fact situation where the parties would be at rest if compromise is accepted, otherwise they may have to go further another round of litigation to settle their matter, prayer made by the parties is allowed and they are permitted to settle the matter once and for all. Amount

of Rs.2,98,000/-, which is deposited before the trial Court, is permitted to be disbursed to the respondent/complainant after due verification. Arrest warrant, if any is issued, be recalled.

5. Resultantly, the present petition is allowed and disposed of in the light of the compromise arrived at between the parties. 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.

6. Instant petition stands disposed of in above terms.

                                (ANAND PATHAK)                                    (HARISH DIXIT)
                                   MEMBER                                            MEMBER

            NEUTRAL CITATION NO. 2025:MPHC-GWL:5659
                                                     3   MCRC-11250-2025
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