Kamal Singh Gurjar vs UCO Bank

Brij Kishore Dube, J.—Heard on I.A. No.6848/2013, an application under Sections 147 of Negotiable Instruments Act read with 320(6) of Cr.P.C., for compromise the matter. With the consent of learned counsel for the parties, matter is heard finally.

This Criminal Revision under Sections 397 and 401 of the Code of Criminal Procedure, 1973 is preferred by the petitioner herein/accused against the judgment dated 04/05/2010 passed in Criminal Appeal No. 53/2010 by IV Additional Sessions Judge (Fast Track) Guna whereby affirmed the judgment of conviction and order of sentence dated 25/01/2010 passed in Criminal Case No. 192/2006 by the Judicial Magistrate, First Class, Guna by which he has been convicted u/s 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) and sentenced to suffer 06 months rigorous imprisonment and to pay compensation of Rs. 2,00,000/- to the respondent herein/complainant u/s 357(3) of Cr.P.C.,

Learned counsel for the petitioner submits that the petitioner and the respondent have settled the subject-matter of the crime amicably as a result of which the petitioner herein/accused submitted an application Sections 147 of Negotiable Instruments Act read with 320(6) of Cr.P.C., therefore, the application for compromise may be allowed and the petitioner may be acquitted from the offence.

Learned counsel for the respondent is present in the Court and submits that on the instructions from his client, the complainant has settled his dispute with the petitioner amicably and received the amount of compensation from the petitioner, therefore, the petitioner may be acquitted from the offence.

The respondent herein/complainant through its Branch Manager by presenting himself before this Court also submits that he does not wish to prosecute the petitioner as he has settled all the disputes amicably with the petitioner and has received the amount.

Considering the submissions of the learned counsel for the parties and the averments made in the application which is supported by an affidavit deserves to be allowed.

Consequently, I.A. No. 6848/13 is allowed and the petitioner is acquitted from the offence in terms of the compromise arrived at between the parties subject to deposit of 15% of the amount with the District Legal Services Authority, Gwalior [ Damodar S. Prabhu Vs. Sayed Babalal H., relied upon.

Learned counsel for the petitioner submits that the financial position of the petitioner is not sound, therefore, some time may be granted to deposit the cost as directed by this Court.

Considering the submissions of the learned counsel for the petitioner and facts of the case, it is directed that the petitioner shall deposit cost of 15% of the amount within 15 days from today, failing which this Court may consider taking action against the petitioner according to law.

With the aforesaid, petition stands allowed in terms of the compromise entered into between the parties and disposed of. Certified copy as per rules.