HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 189/2021
Durgaprasad S/o Shri Jagdish Prasad, R/o In Front Of
Government School, Indira Colony, Bijaynagar, Police Station
Bijaynagar, Tehsil Bijaynagar, District Ajmer (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through P.P
2. Shri Arun Kumar Soni S/o Shri Radheyshyam Soni, R/o
Bijaynagar, Police Station Bijaynagar, Tehsil Bijaynagar,
District Ajmer (Raj)
----Respondents
For Petitioner(s) : Mr. Tarun Kumar Mishra For Respondent(s) : Mr. Imran Khan, PP Mr. Drashya Baraseni, for complainant Mr. Arun Kumar Soni, complainant present in person HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 24/08/2021 Application filed under Section 5 of the Limitation Act for condonation of delay of 490 days in filing the revision petition, is allowed.
The petitioner has filed this revision petition against the judgment and order dated 10.07.2019 passed by Additional Sessions Judge No.1, Beawar District Ajmer in Criminal Appeal No. 109/2017 Durgaprasad v. State and Another, affirming the judgment and order dated 08.11.2017 passed in Criminal Case No. 07/2014 by Judicial Magistrate, Bijaynagar, District Ajmer, whereby the petitioner was convicted under Section 138 of Negotiable Instruments Act, 1881 (N.I. Act), and was sentenced as under :-
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(2 of 2) [CRLR-189/2021]
"One year's simple imprisonment with a
fine/compensation of Rs. One lakh, in default whereof further to undergo simple imprisonment additionally for one month."
It has been submitted on behalf of the petitioner (accused) and respondent no. 2 (complainant), that the parties have entered into a compromise, written deed of compromise has been placed on record wherein it has been mentioned that the complainant has received the entire cheque amount and now no dispute is pending between them. Hence, the complainant does not want to pursue any legal proceeding against the accused petitioner.
In view of the aforesaid compromise between the petitioner and respondent No.2, the impugned judgment of conviction and sentence dated 10.07.2019 of Appellate Court as well as dated 08.11.2017 of trial court, are set aside and the petitioner is acquitted of the charge under Section 138 of N.I. Act.
Petitioner, who is in judicial custody, is ordered to be released in this case.
Revision Petition stands disposed of. All pending applications, if any, also stand disposed of.
Office to proceed accordingly.
(MANOJ KUMAR VYAS), J.
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