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Judgment
8 paragraphs · 349 wordsSubmissions were made on the application filed under Section 147 of Negotiable Instruments Act read with Section 320 of Cr.P.C, an application for compromise.
The present revision petition has been filed against the order dated 08.08.2019 passed in Criminal Appeal No.194/2018 whereby the learned Sessions Judge, Neemuch has affirmed the order dated 26.10.2018 passed in RCT No.850/2010 by JMFC, Neemuch and sentenced to undergo the applicant for a period of six months R.I. with the compensation of cheque amount alognwith the interest.
Counsel for the applicant submits that both the parties have filed I.A. No.3594/2020, which is an application for compromise. As per the application, both the parties have entered into compromise and the complainant has received full amount alongwith the cost. The application is supported with affidavit of both the parties and they were directed to appear before the CJM for verification. The verification report of CJM has been received in which he has stated that both the parties have entered into the compromise voluntarily and both have been identified by their respective counsel.
As both the parties have settled their dispute and compromise is verified wherein it is found to be voluntary and signed by both the parties, permission is granted to compromise the matter.
Accordingly, I.A. No.3594/2020 stands allowed and disposed of.
Consequently, impugned judgment dated 08.08.2019 passed in Criminal Appeal No.194/2018 passed by Sessions Judge, Neemuch affirming the judgment of conviction and sentence dated 26.10.2018 passed by JMFC, Neemuch in RCT NO.850/2010 is hereby set aside and the applicant is acquitted from the offence punishable under Section 138 of the N.I. Act, subject to him depositing 15% of the cheque amount with the Secretary, High Court Legal Services Authority, Indore within a period of one month from the date of his release in the light of the Judgment of the apex Court in the case of Damodar S. Prabhu vs. Sayed Babalal H. reported in (2010) 5 SCC 663.
The applicant is in custody and he be released forthwith if not required in any other offence.
With the aforesaid, the revision petition stands disposed of.