Gulab And Another vs M/S Kamlesh General Stores, Sendhwa

.1. In this case, the petitioners are convicted under Section 138 of Negotiable Instruments Act vide judgment dated 30.1.2018 passed in Criminal Case

No.8/2016 by Judicial Magistrate First Class, Sendhwa,District Barwani, which was confirmed by the First Additional Sessions Judge, Sendhwa,

District Barwani in criminal appeal no.46/2018 dated 28.2.2020. The petitioners were awarded sentence of 1-1 year each SI and compensation of

Rs.2,00,000/- each and in case of failure to pay the compensation, further to undergo 3-3 months SI.

Both the parties have now compromised the case. They have filed compromise which is verified by the Principal Registrar of this Court. As per

report of the Principal Registrar, both the parties are competent to compound the case in all respect and have compromised the case voluntarily,

without any fear, pressure, coercion, threat or undue influence from either side. The offence for which the petitioner is convicted is compoundable.

Therefore, Gulab and another Vs. M/S Kamlesh General Stores, Sendhwa the compromise is accepted subject top ayment of cost of Rs.20,000/- in

view of the judgment of Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs Sayed BabaLal H. reported in 2010(5) SCC 6 6to be deposited

with the High Court Legal Aid Services Committee, Bench at Indore.

3.Considering the compromise between the parties, the judgment and order dated 28.2.2020 passed by the learned appellate Court in Criminal Appeal

No.46/2018, so also the judgment and order of the learned trial Court dated 30.1.2018 passed in Criminal Case No.8/2016 are set aside.P etitioners

Gulab and Jagdish are acquitted from the charge under Section 138 of Negotiable Instruments Act. They be set at liberty forthwith if not required

in any other case subject to deposit of the cost as directed.

4.4. C.c today.