Rupesh Kureel vs Akhilesh Shrivastava

Covering memo dated 28.01.2020 and 12.03.2020 filed for taking additional documents on record, the same are taken on record.

This criminal revision has been filed under Section 397 read with 401 of Cr.P.C. against the judgment dated 13.04.2018, in Criminal Appeal No. 141/2018 whereby learned 20th Additional Sessions Judge, Bhopal confirmed the judgment dated 13.01.2018 passed in Criminal Case No. 1922/2015 by learned Judicial Magistrate First Class, Bhopal in which the learned Judicial Magistrate First Class, Bhopal found the accused/ applicant guilty for offence punishable under Sections 138 of Negotiable Instruments Act and he has been sentenced to undergo R.I. for three months and fine/ compensation of Rs. 5,55,000/- with default stipulation respectively.

From perusal of records, it appears that both the parties have filed Compromise Petition being I.A. No. 14654/2019 under Section 320(2) of Cr.P.C. & I.A. No. 14655/2019 application for compromise and vide order dated 17.02.2020, 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. 6,00,000/-towards full and final settlement of their dispute arising out of dishonour of the cheque worth of Rs. 4,00,000/-. Applicant has deposited Rs. 20,000/- of cheque amount @ 5% as ordered by this Court vide order dated 24.02.2020, payment receipt in this regard has been filed which is on record. They have compromised the matter without any undue influence, fear or pressure. As b o t h 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 13.04.2018, in Criminal Appeal No.  141/2018 whereby  learned  20th Additional Sessions Judge, Bhopal confirmed the judgment dated 13.01.2018 passed in Criminal Case No. 1922/2015 by learned Judicial Magistrate First  Class, Bhopal in which the learned Judicial Magistrate First Class, Bhopal  found the accused/ applicant guilty for offence punishable under Sections 138  of Negotiable Instruments Act, is hereby set-aside. The accused-applicant is  acquitted  from the charge for offence punishable under Section 138 of Negotiable Instruments Act.

The criminal revision stands disposed of accordingly.

Certified copy as per rules.