Dhan Singh vs Anand Kumar Pachauri

This Criminal Revision has been filed by the accused/ applicant against the judgment dated 25.09.2019, passed by learned IInd Additional Sessions Judge, Pipariaya District-Hosangabad (MP), in Cr.A.No.123/2016 affirming the judgment and conviction dated 27.05.2016 passed by Judicial Magistrate First Class Pipariya, District-Hosangabad in Criminal Case No.840/2013, by which the accused/applicant stands convicted for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to S.I. for 2 years and to pay compensation amount of Rs.2,65,000/-with default stipulation.

Both the parties have filed compromise applications i.e. IA.No.3405/2020 and I.A.No.3408/2020. It is mentioned in the said applications that the applicant/accused and respondent have entered into compromise and this Court has directed both the parties to appear before Registrar (J-II) for recording their statements in relation to their compromise. In compliance of order dated 04.03.2020, statements of both the parties have been recorded and according to the compromise, the complainant has received amount of Rs.2,50,000 from the applicant/accused and want to close the proceedings on the basis of compromise. Now their relations have become very cordial.

Thus, keeping in view of the fact that a compounding fee has to be deposited pursuant to the law laid down in the Case of Damodar S. Prabhu Vs. Saiyad Babalal, 2010 (5) SCC 663 and Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and others (2014) 10 SCC 690, the applicant will deposit 2% of the cheque amount of Rs.2,50,000/- which comes to Rs.5,000/- by way of cost has to be deposited with the High Court Legal Services Committee, Jabalpur in connection with the compromise and has to be deposited mandatorily.

The applicant/accused-Dhan Singh is directed to deposit the cost of Rs.5,000/- which is 2% of the cheque amount i.e. Rs.2,50,000/- before the High Court Legal Services Committee, Jabalpur within a period of seven days from today. This compromise would be effective on depositing the cost of Rs. 5,000/-, failing which, the proceedings of the criminal revision would continue as per law. After depositing the aforesaid amount, the applicant/accused is directed to submit the receipt of the said amount.

List the matter on 12.03.2020.