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2022 DIGILAW 1570 (MP)

Dharmendra Singh v. Anil Kumar

2022-12-20

DINESH KUMAR PALIWAL

body2022
ORDER 1. This revision has been filed against the appeal judgment dated 30.7.2022 passed by Ms. Prachi Patel, 3rd Additional Sessions Judge, Khandwa in Cr.A. No.52/2021 (Dharmendra Singh Vs. Anil Kumar) under Section 138 of N.I. Act, whereby judgment of conviction and order of sentence dated 5.4.2021 passed in Special Criminal Case No.291/2017 by Judicial Magistrate First Class, District Khandwa has been affirmed and the appeal preferred by the applicant has been dismissed. 2. Before this Court, parties have filed compromise application under Section 147 of Negotiable Instruments Act vide I.A. No.24468/2022. 3. Parties were directed to remain present before the Registrar (J-II) for verification of compromise. Registrar (J-II) after recording statement of complainant - Anil Kumar has stated that he has already received amount from the applicant and has entered into compromise. As per the report, parties have arrived into compromise on their own with free will and volition. Therefore, compromise appears to be genuine. 4. Under Section 147 of Negotiable Instruments Act, every offence punishable under that Act has been made compoundable. 5. Therefore, as parties have entered into compromise and have filed compromise application on their own with free will and volition, there are no reasons to disbelieve the compromise application. Consequently, compromise application under Section 147 of Negotiable Instruments Act, is allowed. 6. Judgment dated 30.7.2022 passed in Cr.A. No.52/2021 (Dharmendra Singh Vs. Anil Kumar) affirming the judgment of conviction and sentence dated 5.4.2021 passed in Special Criminal Case No.291/2017 is set aside and judgment of conviction and sentence passed by the Courts below are set aside. 7. Consequently, applicant Dharmendra Singh is acquitted of offence under Section 138 of N.I.Act. 8. The information be sent to the Superintendent, Central/ District Jail, Khandwa to release the applicant Dharmendra Singh forthwith in this case, if he is not required in any other case. 9. Trial Court record along with copy of this order be sent down to Court concerned through Sessions Judge, Khandwa, for necessary compliance.