2022 (4) TMI 1246

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....sed by the Judicial Magistrate First Class, Bhopal against the appilcant for offence under section 138 of the Negotiable Instruments Act and order of sentence to undergo R.I. for 6 months and to pay compensation of Rs. 1,90,500/- under section 357(3) of Cr.P.C. 2. The facts in brief are that applicant/accused and respondent/complainant are familiar with each other. In April, 2015 the wife of applicant, namely, Smt.Radhika Vishwakarma requested respondent to grant loan of Rs. 3,51,400/- to meet out her personal expenses. On the basis of familarity the complainant gave the aforesaid amount to wife of applicant/accused as loan. When the complainant made demand for repayment of loan amount, the applicant/accused gave cheque bearing No.363407 d....

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.... that applicant is in jail since 06.2.2022. During pendency of this criminal revision on 09.3.2022 a joint application has been filed by learned counsel for the parties under section 147 of the Negotiable Instruments Act read with section 482 of the Code of Criminal Procedure, which has been registered as I.A.No.4505/2022. This interlocutory appilcation is supported by affidavit of Ajay Vishwakarma who is son of applicant as also the affidavit of complainant. It is averred in the application that during pendency of criminal appeal before the lower appellate Court the applicant had deposited Rs. 50,125/- vide Document-A/1 and balance amount of Rs. 150,500/- has been paid by the son of the applicant to the complainant on 05.3.2022 and acknowl....