Madhya Pradesh High Court
Sanskar Agro Agency vs Texmo Pipes And Products Limited ... on 25 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:49021
1 CRR-1930-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 25th OF SEPTEMBER, 2025
CRIMINAL REVISION No. 1930 of 2025
SANSKAR AGRO AGENCY
Versus
TEXMO PIPES AND PRODUCTS LIMITED BAHADUR ROAD
BURHANPUR TEHSIL AND DISTRICT BURHANPUR
Appearance:
Mr. Amit Dubey - Advocate for applicant - Absent.
Ms. Smita Varma Arora - Advocate for respondent.
ORDER
Parties in person are present.
This criminal revision under section 397/401 of the Code of Criminal Procedure, 1973 (Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023) has been filed by the applicant/accused assailing the appeal judgment dated 20.03.2025 passed by the learned Sessions Judge, District Burhanpur (MP) in Criminal Appeal No.17 of 2025 (Sanskar Agro Agency Vs. Texmo Pripes and Products Limited) for commission of offence under Section 138 of Negotiable Instruments Act (in short 'the Act'), whereby judgment of conviction and order of sentence dated 18.02.2024 passed in SC NIA No.455 of 2019 (Texmo Pipes and Products Limited Vs. Sanskar Agro Agency) by Judicial Magistrate First Class, Burhanpur, District Burhanpur (MP) has been affirmed and the appeal preferred by the applicant/accused has been dismissed.
Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 9/27/2025 10:56:42 AMNEUTRAL CITATION NO. 2025:MPHC-JBP:49021 2 CRR-1930-2025
2. Learned counsel for the respondent has submitted that the matter was referred to mediation, and the mediator has filed a report dated 26.08.2025. As per the said report, out of Rs.30,00,000/-, the amount of Rs.18,66,144/- deposited by the applicant Sanskar Agro Agency, shall be received by the respondent Texmo Pipes and Products Limited pursuant to the order of this Court for which the applicant Sanskar Agro Agency has no objection. It is further submitted that an amount of Rs.4,00,000/- has already been received by the respondent, and the balance amount of Rs.7,33,856/- remains payable. The said balance shall be paid by the applicant to the respondent within 90 days from the date of this Court's order, in three installments by way of demand draft. The installments shall be paid between the 1st and 10th day of each month. The first installment would be of Rs.2,33,856/-, the second installment would be of Rs.2,50,000/-, and the third installment would be of Rs.2,50,000/-.
3. The parties are present in person before this Court and they also expressed their willingness to proceed further in accordance with the mediation report, which appears to be genuine. Counsel present before the Court has also admitted that the terms of the mediation report are accepted by both the parties with their own free will and volition.
4. In view of the above, mediation report is accepted and directions are issued accordingly. However, taking into consideration the observations made by Hon'ble Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., (2010) 5 SCC 663 and in the case of Madhya Pradesh State Legal Services Authority vs. Prateek Jain and another, (2014) 10 SCC 690 and Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 9/27/2025 10:56:42 AM NEUTRAL CITATION NO. 2025:MPHC-JBP:49021 3 CRR-1930-2025 keeping in view the financial condition of the parties, the present revision petition is allowed subject to deposit of 4% of the settlement amount as cost i.e. Rs.1,20,000/- by the applicant before the M.P. State Legal Services Authority, Jabalpur within a period of one month from today. Applicant is directed to file the receipt in respect of depositing the said amount in the Office/Registry of this Court within the aforesaid period. In case the applicant fails to deposit the abovesaid amount within one month from today, the impugned judgments passed by the Courts below would become operational and the present revision petition would be deemed to have been dismissed.
5. Consequently, impugned judgment of conviction and order of sentence dated 20.03.2025 passed by the learned Sessions Judge, District Burhanpur (MP) in Criminal Appeal No.17 of 2025 and the impugned judgment of conviction and order of sentence dated 18.02.2024 passed in SC NIA No.455 of 2019 by Judicial Magistrate First Class, Burhanpur, District Burhanpur (MP) are hereby quashed. Applicant/accused Santosh Goswami is acquitted of the offence under Section 138 of the Act. He is on bail. His bail bonds shall stand discharged.
6. Let the records of the Trial Court as well as Appellate Court along with copy of this order be sent down to the Courts concerned through Sessions Judge, Jabalpur (MP) for information and necessary compliance.
(RAJENDRA KUMAR VANI) JUDGE Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 9/27/2025 10:56:42 AM NEUTRAL CITATION NO. 2025:MPHC-JBP:49021 4 CRR-1930-2025 THK Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 9/27/2025 10:56:42 AM