Madhya Pradesh High Court

Anil vs Jitendra on 10 May, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

         NEUTRAL CITATION NO. 2025:MPHC-JBP:22376




                                                              1                             CRR-158-2019
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                 BEFORE LOK ADALAT
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         &
                                      SHRI SANJAY RAM TAMRAKAR, SR. ADVOCATE
                                                   ON THE 10th OF MAY, 2025
                                             CRIMINAL REVISION No. 158 of 2019
                                                                ANIL
                                                               Versus
                                                             JITENDRA
                          Appearance:
                            Shri Bhupendra Shukla - Advocate for the applicant.
                            Shri Sunil Kumar Chandel - Advocate for the respondent.

                                                                  ORDER

This criminal revision under Section 397/401, Cr.P.C. is filed by the applicant being aggrieved of the judgment dated 05.01.2019 passed by the learned First Additional Session Judge, Khandwa in CRA No.118/2018 whereby the applicant has been convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo S.I. for 1 year and fine of Rs.3,00,000/- with default stipulation to undergo S.I. for 3

months in default of payment of fine amount.

I.A. No.9846/2025, an application under Section 147(iii) of the Negotiable Instruments Act, 1881 is filed seeking permission to compound the offence which is duly supported by the affidavits of applicant Anil and complainant Jitendra.

The matter was placed before the Registrar (Judicial-I) for verification

NEUTRAL CITATION NO. 2025:MPHC-JBP:22376

2 CRR-158-2019 of compromise. Vide report dated 10.05.2025, Registrar (Judicial-I) has verified the factum of compromise.

In view of the aforesaid so also taking verification report dated 10.05.2025 into consideration, the impugned judgment of conviction dated 05.01.2019 is hereby set aside. Accordingly, the criminal revision is allowed and disposed of.

Learned counsel for the applicant submits that while granting bail to the applicant, vide order dated 11.01.2019 this Court has imposed a condition of depositing 75% of the compensation amount i.e. Rs.2,25,000/-, which the applicant has already deposited. Therefore, as per the compromise arrived at between the parties, he prays for refund of the same.

Therefore, the Trial Court is directed to verify the factum of deposit of

75% of the compensation amount for which both the parties shall appear before the trial Court on 16.06.2025 and on verification, as agreed to by the parties, the same shall be refunded to applicant Anil S/o Jagdish Prasad Tripathi.

With the consent of the parties, the criminal revision is disposed of.

(VIVEK AGARWAL) (SANJAY RAM TAMRAKAR) MEMBER MEMBER pp