Madhya Pradesh High CourtCriminal LawCriminal Procedure and Evidence

MP HC Acquits Cheque-Dishonour Convict After Settlement, Subject To ₹6,620 Costs Within 15 Days

Sultanv.Pankaj

MP HC Acquits Cheque-Dishonour Convict After Settlement, Subject To ₹6,620 Costs Within 15 Days. Sultan vs Pankaj. Madhya Pradesh High Court. LawLens
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In brief

The question

Whether the parties’ verified compromise could be accepted at the revision stage, resulting in the setting aside of the conviction under Section 138 of the NI Act

The court held

The revision was allowed, the judgments of the courts below were set aside, and Sultan was acquitted of the offence under Section 138 of the NI Act on the basis of the compromise.

It also directed

He was directed to deposit ₹6,620 with the Secretary, High Court Legal Services Authority, Indore, within 15 days; his bail bonds were to stand discharged subject to compliance.

If he failed to deposit the amount within that period, the acquittal would not enure to his benefit and he would be liable to undergo the trial court’s sentence in accordance with law.

The revision and any pending interlocutory application were disposed of

01Facts

Sultan was convicted under Section 138 of the Negotiable Instruments Act, 1881, and fined ₹7,94,605 by the Judicial Magistrate First Class, Garoth.

pp. 1–3 · ¶ 02–06

The II Additional Sessions Judge, Garoth, dismissed his appeal and affirmed the conviction.

pp. 1–3 · ¶ 02–06

Sultan challenged those decisions in revision under Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

pp. 1–3 · ¶ 02–06

During the revision, the parties reached a settlement; the Principal Registrar verified that it was voluntary, without threat, inducement, or coercion. Sultan had paid the entire settled amount to the complainant

pp. 1–3 · ¶ 02–06

02Issues

i.Whether the parties’ verified compromise could be accepted at the revision stage, resulting in the setting aside of the conviction under Section 138 of the NI Act

¶ 04–07

ii.Whether acceptance of the compromise should be conditioned on Sultan depositing costs, and what consequence should follow if he failed to do so

¶ 08–10

03Law Applied

Section 147 of the Negotiable Instruments Act permits compounding of offences under the Act.

¶ 04–05

In Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663, the Supreme Court prescribed a graded costs scheme to discourage delayed compounding: at the revision or appeal stage, costs of 15% of the cheque amount may ordinarily be imposed; it also recognised that the competent court may reduce costs in light of the case’s circumstances, recording reasons.

¶ 04–05

The Court applied those principles to the compromise and directed a deposit of 1% of the cheque amount

¶ 08–10

Provisions in the judgment · 5 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 438Section 442

Negotiable Instruments Act, 1881 Section 138Section 147

Code of Criminal Procedure, 1973 Section 320

04Reasoning

The Court accepted the compromise because it had been verified as voluntary, the parties had resolved their dispute, and the complainant had received the full settled amount.

¶ 03–08, 10

Treating the matter as a private dispute suitable for compounding, the Court set aside the lower courts’ judgments and acquitted Sultan.

¶ 03–08, 10

Because the compromise was reached at the revision stage, it imposed costs under the principles in Damodar S. Prabhu, fixing them at ₹6,620—1% of the cheque amount—and made the benefit of acquittal subject to timely payment

¶ 03–08, 10

05Holding

The revision was allowed, the judgments of the courts below were set aside, and Sultan was acquitted of the offence under Section 138 of the NI Act on the basis of the compromise.

¶ 07–12

He was directed to deposit ₹6,620 with the Secretary, High Court Legal Services Authority, Indore, within 15 days; his bail bonds were to stand discharged subject to compliance.

¶ 07–12

If he failed to deposit the amount within that period, the acquittal would not enure to his benefit and he would be liable to undergo the trial court’s sentence in accordance with law.

¶ 07–12

The revision and any pending interlocutory application were disposed of

¶ 07–12
Madhya Pradesh High Court

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SultanvsPankaj

Madhya Pradesh High Court · November 04, 2026

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