Mahendra vs Kishore Kumar Shivhare

This criminal revision u/S.397 read with 401 Cr.P.C. assails judgment dated 25.11.2017 passed in criminal appeal No.80/2017 by Fifth Additional Sessions Judge, Guna District Guna whereby the petitioner has been convicted u/S.138 of Negotiable Instrument Act, 1881 and sentenced to suffer three months S.I. with additional stipulation of depositing of Rs.1,45,000/- as compensation u/S. 357 (3) CrPC in default of which, to suffer two months' S.I.

Applications bearing IA No. 25680/17 and 25681/2017 are moved for compounding the offence punishable u/S. 138 of Negotiable Instruments Act, 1881 stating that the amount of Rs. 1,05,000/- has been paid to the complainant and the complainant is entitled to receive amount of Rs.40,000/- which has been deposited in Subordinate Court.

Undoubtedly, the above-said offence is compoundable as per Section 147 of Negotiable Instruments Act, 1881, and looking to the statements of the rival parties, it is evident that parties do not wish to pursue this case as they have settled their scores against each other.

The genuineness of the intent of rival parties towards settlement has been verified by the Principal Registrar vide order dated 02.03.2020, which is on record.

Thus, offence u/S. 138 can be compounded in accordance with the provisions of Section 147 of Negotiable Instruments Act, 1881 read with Section 320 Cr.P.C.

In view of the above, IA No. 25680/17 and 25681/17 are allowed.

If the petitioner is in custody he be released forthwith in view of the settlement arrived at between the parties.

Accordingly, this Criminal Revision stands disposed of.