IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE LOK ADALAT HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)

&

PIYUSH SHRIVASTAVA ON THE 12^th OF NOVEMBER, 2022 CRIMINAL REVISION No. 3846 of 2022 BETWEEN:-

RAJESH S/O SHRI NARESHCHANDRA JAIN, AGED ABOUT 46 YEARS, OCCUPATION: BUSINESS R/O MAHAVEER NAGAR COLONY BARWANI (MADHYA PRADESH)

.....PETITIONER (SHRI KAILASH CHANDRA YADAV, LEARNED COUNSEL FOR THE PETITIONER)

AND ANIL KUMAR S/O LATE PREMNARAYAN B O H R A R/O RADHAKRISHNA COLONY BARWANI (MADHYA PRADESH)

.....RESPONDENT (SHRI VISHAL PANWAR, LEARNED COUNSEL FOR THE RESPONDENT [R-1])

This revision coming on for conciliation this day, the Bench passed the following:

AWARD The present revision petition has been filed being aggrieved by the judgement and order dated 26.09.2022 passed in Criminal appeal No.62/2021 by ASJ, Badwani, whereby the judgement and order dated 09.10.2021 passed by JMFC, Badwani, in case SCNIA No.02/2018 convicting the petitioner under Section 138 of N.I. Act and sentence for 6 months S.I. within fine of Rs.2,70,000/- has been affirmed.

Now, both the parties have settled their dispute amicably and and are Signature Not Verified present before this Court. The petitioner and the complainant have identified by their respective counsel. The complainant has admitted that he has compromised the case with the petitioner out the court amicably and entire amount has already been received.

However, counsel for the petitioner submits that while granting the suspension to the petitioner, the petitioner has deposited Rs.54,000/- before the learned Court below in compliance of the suspension order, hence, the amount so deposited by the petitioner be refunded back.

Counsel for the the complainant has no objection as the complainant has already been received the amount and settled the case.

In view of the compromise arrived at between the parties, the revision petition is allowed.

The dated 26.09.2022 passed in Criminal appeal No.62/2021 by ASJ, Badwani, whereby the judgement and order dated 09.10.2021 passed by JMFC, Badwani, in case SCNIA No.02/2018 are hereby quashed and the petitioner is acquitted from the charges under Section 138 of N.I. Act on the basis of compromise.

The learned Court below concerned is directed to returned the amount of Rs.54,000/- to the petitioner after proper verification and documentation and after deduction of 02% of the fine amount i.e. of the amount of Rs.2,70,000/- as compounding the offence in the Lok Adalat in view of the direction given by the Division Bench of this Court in the case of Ramesh Chandra Vs. State of M.P. ILR 2012 MP 320.

With the aforesaid, the petition stands disposed off.

Bail bond, if any, stands discharged.

Certified copy, per rules.

Signature Not Verified (JUSTICE RAJENDRA KUMAR (VERMA)) (PIYUSH SHRIVASTAVA)

MEMBER MEMBER vatan Signature Not Verified