Madhya Pradesh High Court
Ravi Patankar vs Gulab Singh Chouhan on 15 October, 2025
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1 CRR-4003-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY
ON THE 15th OF OCTOBER, 2025
CRIMINAL REVISION No. 4003 of 2025
RAVI PATANKAR
Versus
GULAB SINGH CHOUHAN
Appearance:
Shri Kapil Duggal - Advocate for the petitioner.
Shri Anand Bhuban Sahu- Advocate for the respondent.
ORDER
This criminal revision u/s 397/401 of the Code of Criminal
Procedure, 1973 (in short "Cr.P.C.") r/w 438 read with 442 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (in short 'BNSS') has been filed by the
petitioner against judgment dated 10.06.2025 passed by 17th Additional
Sessions Judge, Bhopal, District Bhopal in Criminal Appeal No.517/2024
arising out of order dated 22.08.2024 passed by JMFC, District Bhopal in
RCT No.2843/2018, whereby the petitioner has been convicted for offence
under Section 138 of the Negotiable Instruments Act and sentenced to
undergo R.I. for six months and compensation of Rs.2,56,000/- with default
stipulations.
2. As per prosecution case, the respondent/complainant and the
petitioner both are known each other. The petitioner borrowed Rs.1,60,000/-
from the complainant, in lieu thereof, the petitioner has given a cheque
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bearing No.492881 drawn at State Bank of India, Branch Hoshanbabad dated
22.12.2017. When the complainant presented the said cheque in his Bank
account, it got dishonoured due to insufficient funds. Therefore, the
complainant lodged a complaint under Section 138 of NI Act against the
petitioner..
3. The trial Court vide judgment dated 22.08.2024 found the petitioner
guilty and convicted him for offence under Section 138 of NI Act and
sentenced to undergo R.I. for six months and compensation of Rs.2,56,000/-
with default stipulations.
4. The petitioner being aggrieved with the judgment of the trial Court
preferred an appeal before the lower appellate Court, which has affirmed the
judgment of conviction and order of sentence of the applicant. Hence, the
applicant preferred instant revision.
5. During the pendency of this revision, the parties have arrived at a
compromise and, therefore, this Court vide order-sheet dated 15.10.2025
directed the parties to personally appear before the Registrar Judicial of this
Court for verification of their compromise.
6. In compliance of aforesaid order, the complainant stated that the
parties have amicably settled the dispute ex curiae and he has no objection if
the applicant is acquitted of the charge levelled against him. He further stated
that he has entered into the compromise out of his own volition and without
any compulsion.
7. The direction issued in the case of Damodar S.Prabhu Vs. Sayed
Babalal H, (2010) 5 SCC 663. and thereafter in the case of Sanjabij Tari Vs.
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Kirshore S. Borcar and another, (Criminal Appeal No.1755/2010) dated
25.9.2025, the compounding is made before the Sessions Court or a High
Court in revision or appeal on the condition that the accused pays 7.5% of
the cheque amount by way of costs. Further, it has been held that the
competent court can of course reduce the costs with regard to the specific
facts and circumstances of a case, while recording reasons in writing for such
variance. Bona fide litigants should of course contest the proceedings to their
logical end.
8. Learned counsel for the petitioner submitted that the petitioner
petitioner is in jail and he is ready to pay any further amount, as directed by
this Court towards the costs. The respondent appeared in person before the
Court and submitted through counsel that he is willing to compound the
offence as per their settlement arrived at outside the court.
9. In view of the aforesaid peculiar facts and circumstances of the
case, the petitioner is directed to deposit Rs.5,000/- towards costs of the
cheque amount before the trial Court within a period of 15 days from today.
If the petitioner deposits aforesaid amount within the stipulated time, he shall
be released from jail forthwith if his custody is not required in connection
with any other case.
10. In view of aforesaid compromise, it is made clear that this order
would have the effect of acquittal under Section 320(8) of the Cr.P.C. and,
therefore, the petitioner is acquitted from offence under Section 138 of the
Negotiable Instruments Act.
11. The revision is accordingly disposed of.
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12. Let a copy of this order be kept in the records of the courts below.
The original records be sent back to the concerned courts.
Certified copy today.
(RAMKUMAR CHOUBEY)
JUDGE
Ansari
