Madhya Pradesh High Court

Khemraj Kishan Nek vs State Of M.P. on 10 May, 2025

Author: Anand Pathak

Bench: Anand Pathak

         NEUTRAL CITATION NO. 2025:MPHC-GWL:10416




                                                                1                                CRR-360-2010
                             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. 360 of 2010
                                                    KHEMRAJ KISHAN NEK
                                                           Versus
                                                  STATE OF M.P. AND OTHERS
                          Appearance:
                             Petitioner - Shri Khemraj Kishan Nek, present in person.
                             Respondent No.2 - Shri Tulaji Sambhaji Aangre, 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 judgment dated 23.04.2010 passed by IX Additional Sessions Judge (Fast Track), District Gwalior (M.P.) in criminal appeal No.101/2010, whereby the order and judgment of conviction dated 09.02.2010 passed by

Additional CJM, District Gwalior, in Case No.5124/07 has been affirmed, by which the petitioner has been convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo RI for three months and he has been directed to pay compensation to the tune of Rs.32,000/- to the complainant, with default stipulation.

3. It is the submission of petitioner, Khemraj Kishan (Adhaar Card

NEUTRAL CITATION NO. 2025:MPHC-GWL:10416

2 CRR-360-2010 No.8523 3351 3796) and respondent No.2, Tulaji Sambhaji Angre (Adhaar Card No.7921 5605 0147) that the compensation amount has already been paid by petitioner to the complainant and therefore, complainant does not want to prosecute the case. According to them, matter pertains to offence under Section 138 of Negotiable Instruments Act.

4 . Respondent No.2 Tulaji Sambhaji Angre has no objection for settlement of case.

5. Considering the above and the fact that payment has been made to complainant, 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.

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

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