Madhya Pradesh High Court
Yogendra Singh vs Ravindra on 18 April, 2018
THE HIGH COURT OF MADHYA PRADESH
Cr.R.No. 876/2018
(Yogendra Singh Vs. Ravindra )
Indore dated :18/04/2018
Ms. Sangita Parsai, learned counsel for the applicant.
None for the respondent.
Heard.
This petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code') is directed against judgment and order dated 25/03/2010 passed by Fourth Additional Sessions Judge, Ratlam in Criminal Appeal No.245/2009, whereby, judgment dated 28/10/2009 rendered by the learned Judicial Magistrate First Class, District Ratlam in Criminal Case No.13/2009, convicting the appellant under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') has been maintained.
02. The applicant on the basis of criminal complaint preferred by the respondent, were tried for an offence under Section 138 of 'the Act' with regard to dishonour of a cheque for a sum of Rs.40,000/-. The learned trial Court, on the basis of evidence adduced before it, found the applicant guilty and sentenced to undergo 6 months S.I.. Apart from this the applicant was directed to pay Rs.48,000/- as compensation to the respondent under Section 357 of 'the Code'. The appeal preferred against the conviction and sentence was dismissed, vide the impugned judgment, as stated above.
03. During the pendency of this revision, the applicnat entered into a compromise with respondent/complainant. In this regard, I.A. Nos. 1863/2018 & 1864/2018 was filed by the parties on 14/03/2018. The Principal Registrar, Bench on verification has found that the parties have entered into compromise without any fear or coercion as they have amicably resolved all their disputes and differences and want to live in peace and harmony and applicant has also deposited the 15% of the cheque amount as compound fees before the M.P. High Court, Legal Services Committee, Bench at Indore on 06/04/2018.
04. Since the parties have arrived at an amicable settlement and pray for compounding of the offence which is permissible under Section 147 of 'the Act', it would be in the interest of justice to accept the prayer made in this regard.
05. Accordingly, this Court allow the parties to compound the offence and resultantly, set aside the judgments of the Courts below and acquit the applicant with regard to offence under Section 138 of 'the Act'. If the applicant is in custody, he be released forthwith if not required in any other case.
06. A copy of this Order be sent to the concerned Court for information and compliance.
CC as per rules.
(S. K. Awasthi) Judge skt Digitally signed by Santosh Kumar Tiwari Date: 2018.04.19 17:24:19 +05'30'