Dhan Singh vs Anand Kumar Pachauri

This revision has been filed against the judgment dated 25.09.2019, in Criminal Appeal No. 123/2016 whereby learned Second Additional Sessions Judge, Pipariya confirmed the judgment dated 27.05.2016 passed in Criminal Case No. 840/2013 by learned Judicial Magistrate First Class, Pipariya,

District Hoshangabad, in which the learned Judicial Magistrate First Class, Pipariya found the accused/ applicant guilty for offence punishable under Sections 138 of Negotiable Instruments Act and he has been sentenced to undergo S.I. for two years and fine/ compensation of Rs. 2,65,000/- with default stipulation respectively.

From perusal of records, it appears that both the parties have filed Compromise Petition being I.A. No. 3408/2020 under Section 320(2) of Cr.P.C.and vide order dated 04.03.2020, both the parties were directed to appear before Registrar (J-II) for verification of the Compromise Petition.

Registrar (J-II) recorded statements of both the parties. It is mentioned in the statement that complainant has received amount of Rs. 2,50,000/-towards full and final settlement of their dispute arising out of dishonour of the cheque worth of Rs. 2,50,000/-. Applicant has deposited Rs. 5000/- of cheque amount @ 2% as ordered by this Court vide order dated 05.03.2020. They have compromised the matter without any undue influence, fear or pressure. As both the parties have settled the matter amicably and entered into compromise, permission is granted for compromise.

In the light of the aforesaid compromise taken place between the parties and looking to the fact that parties have settled their dispute amicably without any influence, fear and undue pressure and to see that they shall keep good terms in future, this Court is of the considered opinion that no useful purpose is going to be served by keeping this matter pending especially when the grievance of complainant has been satisfied by the present applicant.

Accordingly, this petition is allowed and the judgment dated 25.09.2019, in Criminal Appeal No. 123/2016 whereby learned Second Additional Sessions Judge, Pipariya, District Hoshangabad confirmed the judgment dated 27.05.2016 passed in Criminal Case No. 840/2013 by learned Judicial Magistrate First Class, Pipariya, District Hoshangabad, in which the learned Judicial Magistrate First Class, Pipariya found the accused/ applicant guilty for offence punishable under Sections 138 of Negotiable Instruments Act is hereby quashed. The accused-applicant is acquitted from the charge for offence punishable under Section 138 of Negotiable Instruments Act.

The revision stands disposed of accordingly.

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