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IN THE HIGH COURT OF MADHYA PRADESH
Rajendra Kumar Verma, J.
Kapil Sahu – Appellant
Versus
Ramesh Shravan – Respondent
Criminal Revision No. 4647 of 2022
Decided On : 30-01-2023
Limitation Act - Condonation of Delay - The court allowed the condonation of delay under Section 5 of the Limitation Act based on the applicant's argument of being unaware of the impugned order due to the COVID-19 pandemic.
Fact of the Case:
The applicant filed for condonation of delay under Section 5 of the Limitation Act, supported by an affidavit from the applicant's wife. The applicant claimed unawareness of the impugned order due to the COVID-19 pandemic.
Finding of the Court:
The court allowed the condonation of delay and also considered an application for compromise under Section 138 of N.I. Act and Section 359 of the Cr.P.C. The court ultimately allowed the criminal revision and acquitted the applicant from the charges of Section 138 of N.I. Act, based on the out-of-court settlement and the fact that the respondent had already received the cheque amount.
Issues: Condonation of delay under Section 5 of the Limitation Act, application for compromise under Section 138 of N.I. Act and Section 359 of the Cr.P.C., and the acquittal of the applicant from the charges of Section 138 of N.I. Act.
Ratio Decidendi: The court's decision was influenced by the applicant's unawareness of the impugned order due to the COVID-19 pandemic, the out-of-court settlement between the parties, and the fact that the respondent had already received the cheque amount.
Final Decision: The criminal revision was allowed, and the applicant was acquitted from the charges of Section 138 of N.I. Act, subject to the payment of cost, which shall be 15% of the cheque amount.
ORDER
1. Heard on I.A. No. 89/2023 which is an application under Section 5 of Limitation Act for condonation of delay which is supported by an affidavit of the wife of the applicant.
2. Learned counsel for the applicant submitted that applicant was not aware about the impugned order dated 23.12.2021 because of pandemic COVID-19 and when it comes to the knowledge of the applicant, he immediately move this Criminal Revision.
3. On consideration of the arguments advanced by learned counsel for the applicant and the ground mentioned in the application, the same (I.A. No.89/2023) is allowed. Delay in filing this Criminal Revision is here by condoned.
3. Also heard on I.A. No.2148/2023 which is an application for compromise under Section 138 of N.I. Act and under Section 359 of the Cr.P.C.
4. Instant Criminal Revision under Section 397/401 of Cr.P.C. has been filed by the petitioner being aggrieved by the Judgment dated 23.12.2021 passed by learned 8th Additional Sessions Judge, Bhopal District Bhopal in RCT No.855/2017 affirming the judgment dated 12.04.2018 passed by learned Judicial Magistrate First Class, Bhopal in Criminal Case No. 517/2018 whereby the learned court below has convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for six months and a fine of Rs.59,000/- as compensation and Rs.10,000/-in accordance with Section 359 of Cr.P.C. After conviction, petitioner surrender before the trial Court and since then he is in judicial custody.
5. Learned counsel for the petitioner submitted that the parties of the case have entered into out of court settlement, whereby respondent has received the entire cheque amount of Rs.50,000/-. It has also been settled that respondent is also entitled for the amount of Rs.17,250/- deposited before the trial Court by the appellant. Respondent has no objection if the appellant has been acquitted in the instant matter. Therefore, no useful purpose would be served by putting the petitioner behind bar.
6. Learned counsel for the respondent/complainant submitted that, the parties have entered into settlement. As per the compromise, respondent has already received the entire cheque amount of Rs.50,000/- from the petitioner.
7. In view of the aforesaid circumstances I.A. No. 2148/2023 is allowed. Looking to the peculiar facts and circumstances of the case and the fact that parties of the case have entered into compromise and the respondent has already been received the cheque amount, no useful purpose would be served to keep the accused behind the bar.
8. Since, the offence has been compounded by the respondent with the petitioner, therefore, this Criminal Revision is allowed.
9. On due consideration, and looking to the peculiar facts and circumstances of the case and the fact that parties of the case have entered into compromise and the respondent has already been received the cheque amount, no useful purpose would be served to keep the accused behind the bar.
10. In view of the aforesaid, the criminal revision is allowed and stands disposed of subject payment of cost, which shall be 15% of the cheque amount of Rs.50,000/- as per the guidelines issued by Hon'ble the Apex Court in the case of Damodar S. Prabhu Vs.Sayed Babalal (2010)5 SCC 663.
11. Judgment dated 23.12.2021 passed by learned 8th Additional Sessions Judge, Bhopal District Bhopal in CRA No. 517/2018 is hereby set aside. Applicant is acquitted from the charges of Section 138 of N.I. Act.
12. On being deposition of 15% of the cheque amount by the petitioner as compounding fee, with the District Legal Service Authority, Bhopal (M.P.), within a period of one month from today, the petitioner shall be released from custody, if not required in any other case, in case of nondeposition of cost, this order shall stands cancelled without further reference to this Court and the order passed by learned 08th Additional Sessions Judge, Bhopal District Bhopal in CRA No. 517/2018 shall
The court can set aside the sentence of imprisonment based on a compromise between the parties and the relevant provisions of the NI Act and legal precedents.
Compromise in criminal cases under Section 138 NI Act can lead to setting aside of conviction if the complainant is satisfied and has received full payment.
Courts may quash non-compoundable Section 138 NI Act conviction via inherent powers upon parties' compromise in private disputes.
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