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2014 DIGILAW 993 (MP)

Deshmukh v. Shakeela Bano

2014-08-11

G.S.SOLANKI

body2014
JUDGMENT 1.Applicant Deshmukh, S/o Gulab and respondent No. 1 Smt. Shakeela Begum are present in person. They are identified by their respective counsel. 2. Heard on I.A. No. 15554 of 2014, an application under Section 147 of the Negotiable Instrument Act for compromise. 3. Respondent No. 1 has submitted that she received the whole amount. She further submitted that she does not want to further prosecute the applicant. 4. The Judicial Magistrate First Class, Burhanpur has convicted the applicant under Section 138 of the Negotiable Instrument Act and sentenced to R.I. for six months. He also awarded compensation of Rs. 1,80,000/- under Section 357(1)(kha) of the Cr.P.C. In the appeal preferred by the applicant, the Sessions Judge, Burhanpur has modified the sentence and the applicant has been sentenced to fine of Rs. 2,22,000/- in default of payment of fine, he has to suffer R.I. for six months. Considering the facts and circumstances of the case and the fact that parties are present in person before this court and fact that applicant has been convicted by the trial Court under Section 138 of the Negotiable Instrument Act, which is compoundable with the permission of this Court and in view of the submission made by the parties, this application is allowed and parties are permitted to compromise the matter. 5. Compromise petition is considered, verified and accepted. In view of the compromise entered into between the parties, the conviction and sentence recorded against the applicant under Section 138 of the Negotiable Instrument Act is hereby set aside. The applicant is acquitted from the aforesaid charge. 6. The revision petition is finally disposed of with the aforesaid extent. Record of the court below be sent back along with a copy of this order for compliance and necessary action. Certified copy today.