High CourtsSingle Bench(2020) 08 MP CK 0040

Anand Mohan Das Yadav vs Vijay Sonker

Madhya Pradesh High Court · Decided on 13 August 2020

HON’BLE JUDGES
J. P. Gupta, J
RESULT
Allowed
CASE NUMBER
Criminal Revision No. 933 Of 2020

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Judgment

14 paragraphs · 239 words

This criminal revision under section 397/401 of the Code of Criminal Procedure has been preferred against the judgment dated 06/12/2017 passed by

the 6th Additional Session Judge, Jabalpur (M.P), in Criminal Appeal No.440/2017 confirming the judgment dated 07/10/2017 passed by JMFC,

Jabalpur in Criminal Case No.9747/2015 by dismissing the appeal on the ground of limitation and the applicant was convicted under section 138 of the

Negotiable Instruments Act and sentenced to one year R.I with direction to pay Rs.1,77,000/- as compensation and the aforesaid judgment has been

challenged in this revision.

During the pendency of this revision here, both the parties have entered into compromise and the amount has been paid by the applicant to the

complainant. Apart from it, 15% amount also been deposited in the High Court Legal Services Authority and the applicant is in custody since

28/01/2020.

In this case due to Covid-19 pendamic the complainant is not present in person and on his behalf learned Advocate has submitted that the compromise

has taken place as mentioned earlier.

Considering the aforesaid facts and circumstances of the case, the impugned judgments are set aside accepting the compromise and the applicant is

acquitted of the offence punishable under section 138 of the N.I Act and he be released forthwith if not required in any other case.

A copy of this order along with the record be sent to the concerned trial court for necessary action.

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