Madhya Pradesh High Court
CRR/341/2024 of RAJU SHARMA Vs RAJESH CHOUKSHEY on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
CRIMINAL REVISION No. 341 of 2024
BETWEEN:-
RAJU SHARMA S/O BABBAN SHARMA, AGED ABOUT 35YEAR S, R/O QUARTER NO H 38 BARKATULLAHVISHWAVIDLYA, BHOPAL (MADHYA PRADESH)
(BY MS. PRIYANKA TIWARI - ADVOCATE)
.....PETITIONER
AND
RAJESH CHOUKSHEY S/O CHOTELAL CHOUKSHEY,AGED ABOUT 39 YEARS, R/O SENIOR M.I.R. 343 KATARAHILLS, BHOPAL (MADHYA PRADESH)
(BY SHRI HRITVIK DIXIT - ADVOCATE)
.....RESPONDENT
This revision coming on for admission this day, the court passed the following:
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ORDER
Applicant has filed an application i.e. I.A. No.2058/2024 for condonation of delay in filing this criminal revision.
2. For the reasons stated in the application, I.A. No.2058/2024 is allowed. Delay is condoned.
3. Criminal revision heard finally at motion stage.
4. The applicant has been convicted for the offence punishable underSection 138 of the N.I. Act, under Section 357(3) of Cr.P.C. and under Section359 of Cr.P.C. and sentenced to undergo R.I. for 1 year, to pay an amount ofRs.1,16,000/- as compensation, in default S.I. for 3 months and to pay Rs.10,000/- as suit expenses respectively to the respondent.
5. Learned counsel for the applicant submitted that the amount of chequeand compensation is paid to the complainant/respondent.
6. Counsel appearing for complainant submitted that he has accepted the amount of cheque as well as amount of compensation. He does not have anyother grievance from the applicant.
7. It is jointly submitted by the counsel appearing for the parties that thereis compromise between the parties, therefore, criminal revision be allowed.
8. Heard the counsel for the parties.
9. Offence in question is compoundable. Applicant has paid the amountto the complainant. Counsel for the complaint on board submitted that amounthas been paid and there is compromise between the parties.
10. Considering aforesaid facts and circumstances of the case, criminalrevision filed by applicant is allowed. Applicant is permitted to compound theoffence. Applicant is acquitted from the said offences.
11. Certified copy as per rules.
sp/-
(VISHAL DHAGAT)JUDGE