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Madhya Pradesh High Court · body

2016 DIGILAW 396 (MP)

Hirdesh Ojha v. Jugal Kishore Bhargava

2016-05-10

N.K.GUPTA

body2016
ORDER 1. Heard on I.A. No. 3184/2016, an application for modifying the order dated 28.3.2016. 2. It appears that in order dated 28.3.2016, it was directed that appropriate compromise fee be deposited before the High Court Legal Services Authority as prescribed by the apex Court. In that matter, rate is mentioned as 25%, where it should be 15%. However, it is not material that what is the rate mentioned in the order because in the order, proposal of the applicant was mentioned. If the applicant would not deposit the appropriate compromise fee before the High Court Legal Services Authority then order dated 28.3.2016 shall not be a hurdle for accepting of the compromise. Hence, there is no need to pass any modification order. Accordingly, I.A. No. 3184/2016 is hereby disposed of. 3. Heard on I.A. No. 367/2016, an application under section 320(1) of CrPC for compromise. 4. Parties have moved the present application for compromise. The offence as alleged against the applicant is compoundable according to the section 147 of the Negotiable Instruments Act. In consequence of the application, the Principal Registrar, Gwalior has examined the respondent, who has shown his voluntariness to do the compromise and he has received the sum offered by the applicant. Under these circumstances, for future peaceful relations of the parties, compromise may be accepted. The applicant has also deposited the compromise fee before the High Court Legal Services Authority and a receipt has been shown before this Court. 5. Under these circumstances, where offence is compoundable, compromise is accepted. In the result, the applicant would be acquitted from the charge of section 138 of the Negotiable Instruments Act. Consequently, in the light of compromise took place between the parties, the present revision is hereby disposed of with the direction that the conviction as well as the sentence imposed by the Courts below are hereby set aside. In the light of compromise, the applicant is acquitted from the charge of section 138 of the Negotiable Instruments Act. 6. Copy of the order be sent to the Courts below for information. R.K. Soni for applicant; Sunil Gupta for respondent.