SURESHCHAND Vs. PRAKASHCHAND

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. against the order dated 28.05.2016 passed by the Judicial Magistrate First Class, Indore in Criminal Case No.484/1997 whereby the petitioner's application under Section 320 of Cr.P.C. for compounding the offence has been dismissed.

(2.) In brief the facts giving rise to the present petition are that a dispute had arisen between the parties under Section 138 of the Negotiable Instruments Act and a Criminal Case No.484/1997 was registered against the petitioner at the instance of the respondent and vide order dated 01.02000 the learned Judge of the Trial Court had acquitted the petitioner. However, in an appeal preferred by the respondent before this Court which was registered as Cr.A. No.786/2000, the order of acquittal was set aside by this Court vide judgment dated 18.03.2008 and the petitioner was convicted under Section 138 of the Negotiable Instruments Act and was sentenced to suffer three months' simple imprisonment and was also directed to pay the compensation of Rs. 1,10,000/-. The petitioner was also directed to mark his presence on 07.07.2008 before the Trial Court and the Trial Court was directed to send the petitioner to jail for serving out the jail sentence.

(3.) Learned counsel for the petitioner has submitted that on the same date i.e. 18.02008 the petitioner had filed an application under Section 320 of Cr.P.C. for compounding of the offence, however the same was dismissed as not maintainable but a liberty was reserved to the parties to file fresh application before the appropriate forum.