Madhya Pradesh High Court
Rameshwar vs Shri Balaji Tractor Badnawar ... on 22 April, 2018
2. HIGH COURT OF MADHYA PRADESH, INDORE
BENCH.
LOK ADALAT
CRR No.421/2016
Indore Dated: 22.04.2018
Shri M.S. Chouhan, learned counsel for the appellant.
Shri V.S. Chouhan, learned counsel for the respondent.
Both the parties have amicably settled their dispute. Both the parties are not present in person, but respondent has filed his affidavit for granting permission of compromise.
1. The present petition has been filed by the petitioner against the order dated 06.08.2013 passed in Criminal Appeal No.5/2012 & Criminal Appeal No.26/2012 passed by ASJ, District Dhar whereby the learned appellate Court has confirmed the order dated 13.12.2011 passed in Criminal Case No.324/2006 by JMFC, Badnawar, District Dhar for the offence punishable under Section 138 of N.I. Act and sentenced him to undergo R.I. for four months and fine of Rs.30,000/- with default stipulations.
2. Both the parties have submitted that the office is compoundable and they have compromised the case.
3. On verification, the Principal Registrar has certified that both the parties have entered into the compromise without any fear or favour or without any coercion or threat from either side. Learned counsel for both the parties have admitted before the Principal Registrar that they have amicably settled their dispute and voluntarily entered into compromise.
4. Keeping in view the compromise arrived at between the parties, the compromise filed by both the parties is accepted. Order dated 06.08.2013 passed in Criminal Appeal No.5/2012 & Criminal Appeal No.26/2012 passed by ASJ, District Dhar as well as order dated 13.12.2011 passed in Criminal Case No.324/2006
2. HIGH COURT OF MADHYA PRADESH, INDORE BENCH.
LOK ADALAT by JMFC, Badnawar, District Dhar for the offence punishable under Section 138 of N.I. Act is hereby quashed. Conviction of the accused is set aside and he is acquitted from the charge under Section 138 of N.I. Act.
5. Bail bonds, if any, submitted by the petitioner shall stands discharged.
6. Considering the fact that both the parties have compromised the case in the Lok Adalat, no cost is imposed in view of the judgement passed by Hon'ble the Apex Court in the case of Damodar S. Prabhu vs. Sayad Babalal H. (2010) 5 SSC 663 and M.P. State Legal Services Authority vs. Prateek Jain and Anr. (2015) 1 SCC (Cri.) 211.
7. Both the parties have compromised the case in the Lok Adalat, therefore, Court fees paid by the petitioner be refunded as per rules.
(J. Virender Singh) (Ms. Rekha Shrivastava )
Member Member
Amit
Digitally signed by Amit
Kumar
Date: 2018.04.23 15:47:29
+05'30'