Madhya Pradesh High Court

Ratan Mongiya vs Rajiv Pathak on 10 May, 2025

Author: Anand Pathak

Bench: Anand Pathak

         NEUTRAL CITATION NO. 2025:MPHC-GWL:10418




                                                                 1                          CRR-4867-2024
                             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 10th OF MAY, 2025
                                                CRIMINAL REVISION No. 4867 of 2024
                                                          RATAN MONGIYA
                                                               Versus
                                                           RAJIV PATHAK
                          Appearance:
                             Petitioner - Shri Ratan Mongiya, present in person.
                             Respondent - Shri Rajiv Pathak, present in person.

                                                                     ORDER

Later on :-

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

2 . This Criminal Revision under Section 438, 442 of BNSS is filed against the judgment dated 13.09.2024 passed by III Additional Sessions Judge, District Datia (M.P.) in Criminal Appeal No.71/2024, whereby the

order and judgment of conviction dated 07.06.2024 passed by JMFC, District Datia, in Case No.01/2023 has been affirmed, by which the petitioner has been convicted under Section 138 and sentenced to undergo RI for one year, six months and he has been directed to pay compensation to the tune of Rs.9,40,800/- to the complainant, with default stipulation.

3. During pendency of instant revision, both parties i.e., petitioner and

NEUTRAL CITATION NO. 2025:MPHC-GWL:10418

2 CRR-4867-2024 respondent have entered into compromise. I.A.No.6584/2025, an application under Section 359 (2) of BNSS have been filed in that behalf duly signed by both the parties.

4. Earlier today, during the pre-lunch Session, parties were directed to appear before the Principal Registrar of this Court to record their statements and verify the factum of compromise.

5. It is the submission of petitioner, Ratan Mongiya (Adhaar Card No.4195 8099 6590) and respondent Rajiv Pathak (Adhaar Card No.3649 2100 6980) that they have compromised the matter and their statements have been recorded before the Principal Registrar without any threat, inducement and coercion, which is also reflected from order of Principal Registrar dated 10.05.2025 (Today). According to them, matter pertains to offence under

Section 138 of Negotiable Instruments Act.

6. Respondent Rajiv Pathak has no objection for settlement of case.

7. Considering the above, the present petition stands allowed and disposed of in the terms of 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.

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

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