Madhya Pradesh High Court

Bhagwandas vs Sunil Kumar on 10 May, 2025

Author: Anand Pathak

Bench: Anand Pathak

         NEUTRAL CITATION NO. 2025:MPHC-GWL:10369




                                                                  1                           CRR-1705-2025
                                IN     THE      HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                    BEFORE LOK ADALAT
                                             HON'BLE SHRI JUSTICE ANAND PATHAK
                                                              &
                                              SOCIAL WORKER DR. S. K. MATHUR
                                                       ON THE 10 th OF MAY, 2025
                                                CRIMINAL REVISION No. 1705 of 2025
                                                              BHAGWANDAS
                                                                 Versus
                                                              SUNIL KUMAR
                          Appearance:
                            Petitioner's brother - Shri Sirnam Lodhi, present in person.
                            Respondent - Shri Sunil Kumar, present in person.

                                                                      ORDER

1. It is informed that lawyers are abstaining from work due to resolution passed on 08.05.2025.

2. This Criminal Revision under Section 397/401 of Cr.P.C. is filed against the order dated 19.07.2024 passed by Additional Sessions Judge, Pichhore, District Shivpuri (M.P.) in criminal appeal No.225/2023, whereby the order and judgment of conviction dated 24.04.2023 passed by JMFC, Pichhore, District Shivpuri, in Misc. Criminal Case No.05/2020 has been affirmed.

3. It is the submission of Sirnam Lodhi, who happens to be the brother of petitioner Bhagwan Lodhi (Adhaar Card No.5496 6130 9568) that the compromise has been reached between the parties. This is also reflected from the application filed under Section 320(1) of Cr.P.C. r/w Section 359(2) of BNSS, through which the petitioner and respondent intend to settle the matter. According to them, matter pertains to offence under Section 138 of Negotiable Instruments Act. Brother of petitioner is suffering confinement since 19.03.2025.

NEUTRAL CITATION NO. 2025:MPHC-GWL:10369

2 CRR-1705-2025 4 . Respondent Sunil Kumar Gupta (Adhaar Card No.5723 8859 1479) submits that he is ready to settle the matter, as a payment of Rs.3,50,000/- has been made by the petitioner. Therefore, he has no objection for settlement of case.

5. Considering the specific undertaking given by Sirnam Lodhi (brother of petitioner, Bhagwandas Lodhi) as well as complainant, (Sunil Kumar Gupta), it appears that no fruitful purpose would be served to keep the petition pending and to increase the confinement of accused Bhagwandas Lodhi. In peculiar facts and circumstances of the case where complainant is having no objection for settlement of the case and offence under Section 138 of the N.I. Act is quasi-civil and quasi- criminal in nature, case is allowed.

6. Resultantly, the impugned order dated 19.07.2024 passed by Additional Sessions Judge, Pichhore in Criminal Appeal No.225/2023 as well as order dated

24.04.2023 passed by JMFC, Pichhore, District Shivpuri in Case No.05/20, are hereby set aside, in view of the compromise arrived at between the parties.

7. Petitioner is set free. He shall be released immediately, if not required in any other case.

8. Instant Criminal Revision stands dispose of in above terms.

(ANAND PATHAK) (DR. S. K. MATHUR) MEMBER MEMBER Adnan