Madhya Pradesh High Court
Kailash vs Prakash Makhija on 31 October, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:54784
1 CRR-5162-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY
ON THE 31st OF OCTOBER, 2025
CRIMINAL REVISION No. 5162 of 2023
KAILASH
Versus
PRAKASH MAKHIJA
Appearance:
Shri Vishnu Kumar Upadhyay- Advocate for the petitioner.
Ms. Apoorva Singh Rajput- Advocate for the respondent.
ORDER
This criminal revision u/s 397/401 of Criminal Procedure Code, 1973
(in short 'Cr.P.C') has been filed by the petitioner against judgment dated
29.09.2023 passed by Session Judge, District Khandwa in Criminal Appeal
No.36/2023 arising out of order dated 30.01.2023 passed by JMFC,
Khandwa in SCNIA No.393/2020, 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.5,84,408/-
with default stipulations.
2. As per prosecution case, the respondent/complainant and the
petitioner both are known each other. The petitioner borrowed Rs.4,41,744/-
from the complainant, in lieu thereof, the petitioner has given a cheque
bearing No.002709 drawn at Bank of India dated 06.01.2020. When the
complainant presented the said cheque in his Bank account, it got
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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 30.01.2023 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.5,84,408/-
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 petitioner. Hence, the
petitioner 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 10.10.2025
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 petitioner 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.
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
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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 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 147 of NI Act and,
therefore, the petitioner is acquitted from offence under Section 138 of the
Negotiable Instruments Act.
11. The revision is accordingly disposed of.
12. Subject to above, since petitioner/accused is on bail, her bail bonds
shall stand discharged.
13. Let a copy of this order be kept in the records of the courts below.
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The original records be sent back to the concerned courts.
(RAMKUMAR CHOUBEY)
JUDGE
SS
